Loading...
HomeMy WebLinkAboutMINUTES - 11191996 - D.23 • � '�,. Contra Costa TO: BOARD OF SUPERVISORS ; �' ;%` County FROM: HARVEY E. BRAGDON o •.____� � o sra cbUK'� DIRECTOR OF COMMUNITY DEVELOPMENT DATE: November 19, 1996 SUBJECT: RECOMMENDATION OF THE COUNTY ZONING ADMINISTRATOR ON A DEVELOPMENT AGREEMENT BY CYPRESS CORRIDOR LANDOWNERS (COUNTY FILE #DA960307) , IN THE OAKLEY AREA. SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS • 1. Accept the environmental documentation prepared for this project as being adequate. 2 . Approve the Development Agreement relative to the development known as Cypress Corridor, as being consistent with the General Plan. 3 . Direct the Director of Community Development to sign the agreement after it has been duly signed by Cypress Corridor Landowners. 4. Introduce the ordinance, giving it effect, waive reading, set date for adoption._. FISCAL IMPAC None BACKGROUND(REASONS FOR RECOMMENDATIONS The Zoning Administrator held a public hearing on October 21, 1996 to consider the proposed Development Agreement. After taking public testimony and taking into consideration the proposed provisions of the Development Agreement, the Zoning Administrator recommended the Board of Supervisors enter into the Development Agreement with the following modifications: CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMI TEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON November 19, 1996 APPROVED AS RECOMMENDED x OTHER x See Addendum for Board action. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A x UNANIMOUS (ABSENT 3 TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Debbie Chamberlain 335-1213 Orig: Community Development Department ATTESTED November 19, 1996 cc: County Counsel PHIL BATCHELOR, CLERK OF Public Works THE BOARD OF SUPERVISORS David Gold-Morrison & Foerster AND OUNT ADMI RATOR DEPUTY DC/df bo3 :da960307 .bo ,A r Page Two The term Section 1.4 of the Agreement is recommended for modification to the following: A. Initial term is 13 years or the agreement shall terminate unless either of the following is done: " (a) an offer to dedicate the community center site has been made pursuant to Section 2.5, or (b) if the final subdivision map specified in Section 2.5 has not been filed, the owners of Cypress Corridor have made an Irrevocable Offer to dedicate pursuant to Section 2.711. If either (a) or (b) are done then the agreement would be extended an additional 12 years. Additionally, the Zoning Administrator requested staff and the applicant to meet to resolve the issues related to Section 2. 4 "Uses" . Following discussions with the applicant, staff has determined the section as written is acceptable. County Counsel has reviewed the proposed development agreement, their changes are incorporated into the draft included with the Board Order. Staff recommends the Board of Supervisors approve the Development Agreement as modified by the Zoning Administrator. 0 ADDENDUM TO ITEM D. 23 NOVEMBER 19, 1996 This is the time noticed by the Clerk of the Board of Supervisors for hearing on the recommendation of the County Zoning Administrator a request to review and approve a development agreement between the County of Contra Costa and Cypress Corridor Developers, as being consistent with the County General Plan in the Oakley area. (DA 0307-96) Dennis Barry, Community Development Department, presented the staff report and recommendations . Supervisor Rogers requested clarification on the issue of possible future litigation. Mr. Barry and Victor Westman, County Counsel, responded to Supervisor Rogers' request . The following persons presented testimony: David Gold, Morrison and Foerster, 101 Ygnacio Valley Road, Suite 450 , Walnut Creek, representing Cypress Corridor landowners, spoke in support of the development agreement; Bob Henn, no address given, spoke in support of the development agreement . Chairman Smith read written comments from Laurie Schuyler, 2850 Loma Vista Avenue, Concord, in opposition to the development agreement . Supervisor Torlakson presented a brief history of the matter and moved approval . Supervisor DeSaulnier seconded the motion. The Board of Supervisors discussed issues including the timing of the community center and the term of the agreement . IT IS BY THE BOARD ORDERED that the staff recommendations 1, 2 , 3 and 4 are APPROVED; and Ordinance No. 96-41 is INTRODUCED, reading waived, and December 3 , 1996 is set for adoption of same . OFFICE OF THE CLERK OF THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY 651 PINE STREET MARTINEZ, CALIFORNIA 94553 Phone: (510) 335-1900 FAX (510) 335-1913 PLEASE CONFIRM RECEIPT VIA PHONE DATE: AwIJ FROM• / TOTAL PAGES INCLUDING TRIB COVER: 4 r �'� i . , n e Y g ,,,5 1, PLEASE ADVISE IP FOR my REASON YOU DO NOT RECEIVED Tzli ZTZX COMPLETE! CD NOz p 0 z o?: O'N n czKK: N ri CD W� "O O -0o ZZ m F hj m� O C M. (Z) n p m N N I =FOh •!fA 70 O cn m z� _ '� D -.. % g CD � '�z �c0a � m y 7 (D C) co m m � O Z Q:0 `D m00 p C)`< �z z r-F Q m N w F (D c D Z w co r+ ?++ '° D Q. P.H. C ro 0-D m o 7moM z O m C 3 r~r (�D U n t-' o r IN11 � O C D O o o ~m CD p, 70!" o z X �;, n U) gy = m m cr ri r i >; N• H m mo 111 ci o D N N fD O O mp n0C --cn < C �p fD W � ri aD m v0 w w Z m M Ln vi a n ( nm - Vop ob rD 9 < a �,� c m00zm < m c CD U' (D n' 0o m ro n i0v_) v m W o z CO N p m Z ? O ��-r w W �rt rt m � td z z O 9 o m n O 700 � p O ON (D 01\ Dr � F- > O O -� n H D My m O r• D N c-r f7 �' �' z �O �r N C O �O W (D Ot c-t C)mp. o Z no D� 0Cn o m ON nU, D M_ vC rl O v C)=i X O m D M � 70 zz )� r m U 41 0 mn O v o 7c0 D m v 00 O n m C� m0 M:r � m c � � Z K O m0 zm A 0 N z O c c o z r -A coz n M a C O O 0 0 m (D rtl m 07 N co Ft ,, _ m a r A M z � o m w A O m m O � m c 0 co (D C n r ort H w WnN n �F- U) m < �bd 1 O m 1 W n 1Z n � a P m n U) zE 1 C o (D K� m 0 -� m z F--' :1) cn D K n U ORDINANCE NO. 96-4_ Cypress Corridor Development Agreement Page 1 of 2 WHEN RECORDED RETURN TO CLERK, BOARD OF SUPERVISORS The Board of Supervisors of the County of Contra Costa ordains as follows: Section I. Vis. The Board hereby finds that the provisions of that certain development agreement by and between the County of Contra Costa and Cypress Corridor landowners relating to the Cypress Corridor.Development Agreement(the"Development Agreement"),which is attached as Exhibit A and hereby incorporated into this Ordinance for all purposes by this reference,has been found by the County Zoning Administrator to be adequate for approval, and (as established by the terms of the Development Agreement,the recommendations of the County Community Development Department,the County Zoning Administrator, and such other information in the record provided to the Board)is consistent with the County's General Plan County Resolution No. 85/412 regarding Procedures and Requirements for the Consideration of Development Agreements,adopted July 16, 1985,and Government Code Section 65864 et seq. The Board hereby further finds that the Development Agreement was subject to full and proper environmental review under CEQA, and for the purposes of compliance with CEQA is exempt under Section 15061(b)(3). The Board finds that the landowners have no development proposals before the County related to the Cypress Corridor at this time. It can be seen with certainty that there is no possibility that the proposed agreement may have a significant effect on the environment. Furthermore,the development agreement is not a project as defined by CEQA because the whole of the action does not have the potential for resulting in a physical change in the environment, either directly of ultimately(CEQA Guidelines Section 15378(a)), and finally any effects are too speculative to provide meaningful information for environmental assessment at this time(CEQA Guidelines 15004(b)). Section II. oval. Pursuant to the authorization provided in sections 65864 et seq. of the Government Code of the State of California,the Board hereby approves the Development Agreement. The Board hereby authorizes the Director of Community Development to execute the Development Agreement on behalf of the County and to post a notice of determination pursuant to Section 21152 of the California Public Resources Code regarding this approval. Section III. Severability. If any section, subsection, subdivision,paragraph,sentence,clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The Board hereby declares that it would have passed each section,subsection,subdivision,paragraph,sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection,subdivision,paragraph, sentence,clause or phrase. we-9407 1 :.r Section IV. Statute of Limitations. No action or proceeding("Action")may be brought by a person,public agency,or public or private corporation,partnership,association,organization or other business or non-business entity other than the parties to the Development Agreement or their successors to attack,review, interpret, set aside,void,or annul all or any part of the Development Agreement or the decision of the County of Contra Costa to approve and execute the Development Agreement,unless the Action is commenced and service made on the County of Contra Costa within 90 days from the County's adoption of this Ordinance. Section V. Effective Date. This Ordinance shall become effective 30 days after passage and, within 15 days of passage, shall be published once with the names of Supervisors voting for and against it in the Contra Costa Times,a newspaper of general circulation published in this County. PASSED and ADOPTED on i 12/3/96 by the following vote: AYES: Supervisors Rogers, Bishop, DeSaulnier and Smith NOES: None ABSENT: None ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator a By: CD6 'B air Date: December 3, 1996 we-9407 2 Section IV. Statute.of Limitations. No action or proceeding("Action")may be brought by a person,public agency,or public or private corporation,partnership,association,organization or other business or non-business entity other than the parties to the Development Agreement or their successors to attack,review,interpret, set aside,void,or annul all or any part of the Development Agreement or the decision of the County of Contra Costa to approve and execute the Development Agreement,unless the Action is commenced and service made on the County of Contra Costa within 90 days from the County's adoption of this Ordinance. Section V. Effective Date. This Ordinance shall become effective 30 days after passage and, within 15 days of passage,shall be published once with the names of Supervisors voting for and against it in the Contra Costa Times,a newspaper of general circulation published in this County. PASSED and ADOPTED on i 12/3/96 by the following vote: AYES: Supervisors Rogers, Bishop, DeSaulnier and Smith NOES: None ABSENT: None ABSTAIN: None ATTEST: HIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator AA,) UC By: B air Date: December 3, 1996 J. w-c—. 4 L�� ORDINANCE NO. 96-41 Cypress Corridor Development Agreement Page 1 of 2 WHEN RECORDED RETURN TO CLERK, BOARD OF SUPERVISORS The Board of Supervisors of the County of Contra Costa ordains as follows: SecIign 1. Findings. The Board hereby finds that the provisions of that certain development agreement by and between the County of Contra Costa and Cypress Corridor landowners relating to the Cypress Corridor Development Agreement(the"Development Agreement"),which is attached as Emit A and hereby incorporated into this Ordinance for all purposes by this reference,has been found by the County Zoning Administrator to be adequate for approval,and (as established by the terms of the Development Agreement,the recommendations of the County Community Development Department,the County Zoning Administrator,and such other information in the record provided to the Board)is consistent with the County's General Plan County Resolution No. 85/412 regarding Procedures and Requirements for the Consideration of Development Agreements,adopted July 16, 1985,and Government Code Section 65864 et seg. The Board hereby further finds that the Development Agreement was subject to full and proper environmental review under CEQA,and for the purposes of compliance with CEQA is exempt under Section 15061(b)(3). The Board finds that the landowners have no development proposals before the County related to the Cypress Corridor at this time. It can be seen with certainty that there is no possibility that the proposed agreement may have a significant effect on the environment. Furthermore,the development agreement is not a project as defined by CEQA because the whole of the action does not have the potential for resulting in a physical change in the environment,either directly of ultimately(CEQA Guidelines Section 15378(a)),and finally any effects are too speculative to provide meaningful information for environmental assessment at this time(CEQA Guidelines 15004(b)). Section 11. A=yal. Pursuant to the authorization provided in sections 65864 at seq.of the Government Code of the State of California,the Board hereby approves the Development Agreement. The Board hereby authorizes the Director of Community Development to execute the Development Agreement on behalf of the County and to post a notice of determination pursuant to Section 21152 of the California Public Resources Code regarding this approval. Section M. Severab_1�. If any section,subsection,subdivision,paragraph,sentence,clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid,such a decision shall not affect the validity of the remaining portions of this Ordinance. The Board hereby declares that it would have passed each section,subsection,subdivision,paragraph,sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section,subsection,subdivision,paragraph,sentence,clause or phrase. we-9407 1 • • � a3 Section IV. Statute of Limitations. No action or proceeding("Action")may be brought by a person,public agency,or public or private corporation,partnership,association,organization or other business or non-business entity other than the parties to the Development Agreement or their successors to attack,review,interpret,set aside,void,or annul all or any part of the Development Agreement or the decision of the County of Cora Costa to approve and execute the Development Agreement,unless the Action is commenced and service made on the County Of Contra Costa within 90 days from the County's adoption of this Ordinance. SectionV. Effective Date. This Ordinance shall become effective 30 days after passage and, within 15 days of passage,shall be published once with the names of Supervisors voting for and against it in the Contra Costa Times,a newspaper of general circulation published in this County. PASSED and ADOPTED on 112%3/96 by the following vote: AYES: Supervisors Rogers, Bishop, DeSaulnier, and Smith NOES: None ABSENT: None ABSTAIN: None ATTEST: PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator By. Puty ar 7 Date: December 3, 1996 we-9407 2 DEVELOPMENT AGREEMENT COUNTY FILE #DA960307 RECOMMENDATION OF THE COUNTY ZONING ADMINISTRATOR ON A DEVELOPMENT AGREEMENT BY CYPRESS CORRIDOR LANDOWNERS IN THE OAKLEY AREA. Board of Supervisors Contra Costa County November 19, 1996 - 5:00 p.m. Contra TO: BOARD OF SUPERVISORS Costa�; County „ s FROM: HARVEY E. BRAGDON DIRECTOR OF COMMUNITY DEVELOPMENT 'S °srq covx'� DATE: November 19, 1996 SUBJECT: RECOMMENDATION OF THE COUNTY ZONING ADMINISTRATOR ON A DEVELOPMENT AGREEMENT BY CYPRESS CORRIDOR LANDOWNERS (COUNTY FILE #DA960307), IN THE OAKLEY AREA. SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept the environmental documentation prepared for this project as being adequate. 2. Approve the Development Agreement relative to the development known as Cypress Corridor, as being consistent with the General Plan. 3. Direct the Director of Community Development to sign the agreement after it has been duly signed by Cypress Corridor Landowners. 4. Introduce the ordinance, giving it effect, waive reading, set date for adoption. FISCAL IMPACT None BACKGROUND/REASONS FOR RECOMMENDATIONS The Zoning Administrator held a public hearing on October 21, 1996 to consider the proposed Development Agreement. After taking public testimony and taking into consideration the proposed provisions of the Development Agreement, the Zoning Administrator recommended the Board of Supervisors enter into the Development Agreement with the following modifications: CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD CO ITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Debbie Chamberlain 335-1213 Orig: Community Development Department ATTESTED cc: County Counsel PHIL BATCHELOR, CLERK OF Public Works THE BOARD OF SUPERVISORS David Gold-Morrison & Foerster AND COUNTY ADMINISTRATOR BY , DEPUTY DC/df bo3:da960307.bo Page Two The term Section 1.4 of the Agreement is recommended for modification to the following: • A. Initial term is 13 years or the agreement shall terminate unless either of the following is done: "(a) an offer to dedicate the community' center site has been made pursuant to Section 2.5, or (b) if the final subdivision map specified in Section 2.5 has not been filed, the owners of cypress Corridor have made an Irrevocable Offer to dedicate pursuant to Section 2.711. If either (a) or (b) are done then the agreement would be extended an additional 12 years. Additionally, the Zoning Administrator requested staff and the applicant to meet to resolve the issues related to Section 2.4 "Uses". Following discussions with the applicant, staff has determined the section as written is acceptable. County Counsel has reviewed the proposed development agreement, their changes are incorporated into the draft included with the Board Order. Staff recommends the Board of Supervisors approve the Development Agreement as modified by the Zoning Administrator. For: Of : David Gold By: DANIELLE Morrison & Foerster 101 Ygnacio Vlly Rd. #450 Walnut Creek, CA 94596 032 040 045 027 020 025 032 030 002 Gloria Ury Man Hwa Lee Peter & Lillian Toundjis NO STREET NAME or NUMBER NO STREET NAME or NUMBER 70 Bohl Ave CA CA Quezon City PHILIPPINES 032 040 029 037 192 800 037 191 801 HOUSEHOLD FINANCE CORPOR NEHAMA & WEAGANT CO Weagant Nahama 8282 S Memorial Dr #200 1100 Mohawk St #154 1100 Mohawk St #154 Tulsa, OK 74133 Bakersfield, CA 93309 Bakersfield, CA 93309 037 192 801 032 082 004 037 191 008 NEHAMA & WEAGANT CO SHANGHAI COUNTY REAL EST UNITED STATES OF AMERICA 1100 Mohawk St #154 1549 Alturas Dr 450 Golden Gate Ave Bakersfield, CA 93309 Burlingame, CA 94010 San Francisco, CA 94102 027 020 015 027 020 016 027 020 001 I1 Sun Baek Il Sun Baek Il Sun Baek 1255 Post St #1001 1255 Post St #1001 1255 Post St #1001 San Francisco, CA 94109 San Francisco, CA 94109 San Francisco, CA 94109 027 020 017 027 020 012 027 020 018 Man Hwa Lee Il Sun Baek Man Hwa Lee 1255 Post St #1001 1255 Post St #1001 1255 Post St #1001 San Francisco, CA 94109 San Francisco, CA 94109 San Francisco, CA 94109 027 020 019 027 020 026 027 020 027 Man Hwa Lee Man Hwa Lee Man Hwa Lee 1255 Post St #1001 1255 Post St #1001 1255 Post St #1001 San Francisco, CA 94109 San Francisco, CA 94109 San Francisco, CA 94109 027 020 013, 027 020 014 033 012 004 Il Sun Baek Il Sun Baek Samuel & Marie Jung 1255 Post St #1001 1255 Post St #1001 49 Saturn St San Francisco, CA 94109 San Francisco, CA 94109 San Francisco, CA 94114 027 020 011 032 091 001 033 160 038 Robert Vardanega Evelyn Walker Paulino & Andria Hojas PO Box 1151 2061 Buena Vista Ave #B PO Box 755 Alameda, CA 94501 Alameda, CA 94501 Antioch, CA 94509 033 020 011 032 040 012 033 180 007 Paulino & Andrea Hojas Michael Killian Norbert & Iria Vargas PO Box 755 2001 Woodland Dr 3620 Garrow Dr Antioch, CA 94509 Antioch, CA 94509 Antioch, CA 94509 �-a3 s � 033 180 007 033 180 007 033 180 007 Norbert & Iria Vargas Norbert & Iria Vargas Norbert & Iria Vargas 3620 Garrow Dr 3620 Garrow Dr 3620 Garrow Dr Antioch, CA 94509 Antioch, CA 94509 Antioch, CA 94509 033 190 003 033 190 004 037 192 012 James Cosetti Jr. James Cosetti Jr. DONALD WILLIAMSON PARTNE 3325 Fraser Rd 3325 Fraser Rd Rr 1 Box 1115 Antioch, CA 94509 Antioch, CA 94509 Antioch, CA 94509 037 192 012 037 191 016 032 091 005 DONALD WILLIAMSON PARTNE UNKNOWN OWNERS Robert & Dorothy Gromm Rr 1 Box 1115 Rr 1 Box 553 PO Box 447 Antioch, CA 94509 Antioch, CA 94509 Bethel Island, CA 94511 032 091 003 032 091 003 032 091 004 Robert & Dorothy Gromm Robert & Dorothy Gromm Lloyd & Coloras Pereria PO Box 447 _ PO Box 447 PO Box 765 Bethel Island, CA 94511 Bethel Island, CA 94511 Bethel Island, CA 94511 032 091 004 032 091 004 032 091 004 Lloyd & Coloras Pereria Lloyd & Coloras Pereria Lloyd & Coloras Pereria PO Box 765 PO Box 765 PO Box 765 Bethel Island, CA 94511 Bethel Island, CA 94511 Bethel Island, CA 94511 032 091 004 032 091 004 032 091 004 Lloyd & Coloras Pereria Lloyd & Coloras Pereria Lloyd & Coloras Pereria PO Box 765 PO Box 765 PO Box 765 Bethel Island, CA 94511 Bethel Island, CA 94511 Bethel Island, CA 94511 032 082 005 033 170 019 033 160 029 Margaret Lesher Linda Isham Reel Rafael & Maria Borrayo Bethel Island Rd PO Box 859 8540 Brentwood Blvd Bethel Island, CA 94511 Brentwood, CA 94513 Brentwood, CA 94513 032 082 001 032 082 002 032 040 015 Porto Donald Dal Porto Robert Dal James Franks 2212 Colonial Ct 2212 Colonial Ct 674 Anderson Ave Byron, CA 94514 Byron, CA 94514 Clayton, CA 94517 032 040 014 032 040 032 037 192 014 James Franks Clyde & Apryle Wooten CONGO LAND COMPANY 674 Anderson Ave 3143 Clayton Rd 5151 Port Chicago Hwy Clayton, CA 94517 Concord, CA 94519 Concord, CA 94520 033 012 002 037 192 013 035 282 030 GONSALVES & SANTUCCI INC CONCO LAND COMPANY Leon & Ruth Mullins 5151 Port Chicago Hwy 5151 Port Chicago Hwy 4721 Tobi Dr Concord, CA 94520 Concord, CA 94520 Concord, CA 94521 �. a3 032 040 043 032 020 011' 035 282 023 Stuart Erskine James Baca CCC FLOOD CONTROL DISTRI PO Box 55 1300 Summit Rd 6th Flr Adm Bldg Knightsen, CA 94548 Lafayette, CA 94549 Martinez, CA 94553 033 170 021 032 010 012 037 191 026 Eriverto & Ramona Castro CONTRA COSTA COUNTY Is Oakley-Bethel 796 Central Ave 255 Glacier Dr 255 Glacier Dr Martinez, CA 94553 Martinez, CA 94553 Martinez, CA 94553 037 191 021 033 170 012 032 010 002 Is Oakley-Bethel Henry William Loza Evo & Helen Baldocchi 255 Glacier Dr 4240 Machado Ln 6390 Sellers Ave Martinez, CA 94553 Oakley, CA 94561 Oakley, CA 94561 037 191 006 032 010 004 032 020 010 DIABLO WATER DISTRICT Charles Waggerman Vincent & Helen Jessie PO Box 127 PO Box 292 PO Box 395 Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 033 170 020 033 160 039 033 160 021 Edward Caston Sr. Dominick Vitale Ike & Ruby Machado PO Box 402 PO Box 355 PO Box 511 Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 033 160 021 033 160 022 032 082 006 Ike & Ruby Machado David & Linda White Orelan & Betty Adams PO Box 511 PO Box 769 PO Box 811 Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 032 091 006 032 092 001 033 012 009 Maxie & Velma Walker Anthony Cirelli Robert Van Pelt PO Box 824 PO Box 876 PO Box 1029 Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 033 160 023 027 030 001 027 030 002 Harding Van Brunt Jr. IRONHOUSE SANITARY DISTR IRONHOUSE SANITARY DISTR PO Box 1021 PO Box 1105 PO Box 1105 Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 027 030 003 027 040 001 037 191 028 IRONHOUSE SANITARY DISTR IRONHOUSE SANITARY DISTR Is Oakley-Bethel PO Box 1105 PO Box 1105 PO Box 1103 Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 027 050 001 027 050 002 037 192 011 IRONHOUSE SANITARY DISTR IRONHOUSE SANITARY DISTR Is Oakley-Bethel PO Box 1105 PO Box 1105 PO Box 1103 Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 037 191 023 033 170 011 037 191 023 Is Oakley-Bethel David Rizzari Is Oakley-Bethel PO Box 1103 PO Box 1111 PO Box 1103 Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 037 192 009 033 180 015 032 082 012 Is Oakley-Bethel Bernice Hoyt RECLAMATION DIST 799 ST PO Box 1103 PO Box 1299 Bethel Island Rd Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 033 180 013 033 180 013 037 192 016 Norma Gonsalves Norma Gonsalves Dairy Emerson 6403 Sellers Ave #6407 6403 Sellers Ave #6407 7101 Sellers Ave Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 037 192 015 037 192 016 037 191 012 Dairy Emerson Dairy Emerson Dairy Emerson 7101 Sellers Ave 7101 Sellers Ave 7101 Sellers Ave Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 032 081 011 037 191 009 033 160 032 Mark Gilbert Dairy Emerson David Bloomfield Rr 2 Box 481 7101 Sellers Ave 6199 Sellers Ave Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 032 081 011 032 010 011 032 081 011 Mark Gilbert Bertram Kubo Mark Gilbert Rr 2 Box 481 6300 Sellers Ave Rr 2 Box 481 Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 033 160 033 032 020 006 032 081 011 Michael & Gina Rozenski James & Bonnie Owen Mark Gilbert 6155 Sellers Ave Rr 2 Box 189 Rr 2 Box 481 Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 032 020 008 035 282 038 032 020 008 Melvin & Jaclyn Friday Ted & Anita Tipton Melvin & Jaclyn Friday 4370 Franklin Ln 4400 Main St 4370 Franklin Ln Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 032 020 009 033 012 008 032 010 010 Norman & Tamera Daniels Ladelle Winstead Vernon & Linda Quilici 4350 Franklin Ln 251 E Cypress Rd 6310 Sellers Ave Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 032 081 011 033 012 007 032 020 012 Mark Gilbert James William Waldhaus Gregory & Karen Palmer Rr 2 Box 481 67 Van Pelt Ln 4185 Knightsen Ave Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 �, a3 i 032 081 010 033 012 005 032 020 012 Mark Gilbert Gilbert & Eloisa Ruiz Gregory & Karen Palmer Rr 2 Box 481 211 E Cypress Rd 4185 Knightsen Ave Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 032 081 010 033 160 034 032 040 048 Mark Gilbert Daniel & Dolores Amador Lea Jean Marglon Rr 2 Box 481 Rr 2 Box A182 1541 E Cypress Rd Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 033 160 035 033 160 035 033 160 036 John & Cathy Sue Huffman John & Cathy Sue Huffman Alfred & Darlene DeJesus Rr 2 Box 182aa Rr 2 Box 182aa 6185 Sellers Ave Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 033 160 040 033 160 041 033 160 042 Thomas & Laura Seeno Jr. Shannon & Ann Creson William & Wendelin Geltz 6079 Sellers Ave 4219 Machado Ln 4253 Machado Ln Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 032 030 009 032 082 007 032 082 007 George Kidwell Margaret Lesher Margaret Lesher 4100 Knightsen Ave 2532 E Cypress Rd 2532 E Cypress Rd Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 032 060 001 032 040 031 032 040 028 Arley & Mary Reeves Victor Nicole Olan Felix Fregoso 2109 E Cypress Rd 20 Broadway Ln 50 Broadway Ln Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 032 040 026 032 040 025 032 040 024 Louis & Sarah Hernandez Louie & Sarah Hernandez Mabel Broussard Rr 2 Box 204a Rr 2 Box 204a Rr 2 Box 201 Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 032 060 002 032 040 018 032 040 017 Gary & Joni Woodworth George Broussard Ruben & Maria Paez 2131 E Cypress Rd 51 Broadway Ln 201 E Cypress Rd Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 032 040 016 032 020 014 033 170 023 Lupe Martinez Ronald Lopes Rick & Denise Taylor 1631 E Cypress Rd 4277 Knightsen Ave #4287 6251 Sellers Ave Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 033 170 024 033 170 025 033 180 001 Lester & Alice Lane Clara Galli Richard Swanson 6357 Sellers Ave Rr 2 Box 184 821 E Cypress Rd Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 033 180 016 033 190 001 033 190 001 John & Deborah Askins Manuel & Cecilia Peixoto Manuel & Cecilia Peixoto 975 E Cypress Rd 551 E Cypress Rd 551 E Cypress Rd Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 033 160 005 033 160 005 033 160 005 Curt & Lezlie Biro Curt & Lezlie Biro Curt & Lezlie Biro Rr 2 Box 182 Rr 2 Box 182 Rr 2 Box 182 Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 033 160 007 033 160 013 033 160 028 Charlie Holder Douglas & Anita Jones John & Dorothy Lance Rr 2 Box 386 6211 Sellers Ave 6145 Sellers Ave Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 033 160 028 033 160 031 027 020 009 John & Dorothy Lance Ismael & Pamela Martin IRONHOUSE SANITARY DISTR 6145 Sellers .Ave 6207 Sellers Ave 450 Walnut Meadows Dr Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 032 040 027 032 040 039 032 040 037 Blanca Gonzalez Leo Hodges Leo Hodges 11 Amador Ave 20020 Sherman Island 20020 Sherman Island Oakley, CA 94561 East Le Rd East Le Rd Rio Vista, CA 94571 Rio Vista, CA 94571 032 082 008 032 082 009 027 020 010 Lars & Christina Delin Lars & Christina Delin Nicholas & June Geranio 36 Broadmoor Ct 36 Broadmoor Ct 2491 San Ramon Valley San Ramon, CA 94583 San Ramon, CA 94583 Blvd #1 San Ramon, CA 94583 037 191 004 037 191 030 037 191 029 EAST BAY REGIONAL PARK D EAST BAY REGIONAL PARK D EAST BAY REGIONAL PARK D 2950 Peralta Oaks Ct 2950 Peralta Oaks Ct 2950 Peralta Oaks Ct Oakland, CA 94605 Oakland, CA 94605 Oakland, CA 94605 032 040 046 032 082 010 032 082 011 Lars & Christine Delin. Seymour Bross Pamela Scott Cohn 2075 De La Cruz Blvd 12849 Ashley Ct 17256 N Tretheway Rd #200 Saratoga, CA 95070 Lockeford, CA 95237 Santa Clara, CA 95050 032 081 012 032 081 014 032 081 014 Bruce Burroughs Bruce Burroughs Bruce Burroughs 22312 E Monte Vista Ave 22312 E Monte Vista Ave 22312 E Monte Vista Ave Denair, CA 95316 Denair, CA 95316 Denair, CA 95316 032 081 013 032 081 014 032 081 004 Bruce Burroughs Bruce Burroughs Bruce Burroughs 22312 E Monte Vista Ave 22312 E Monte Vista Ave 22312 E Monte Vista Ave Denair, CA 95316 Denair, CA 95316 Denair, CA 95316 013 032 081 014 032 081 014 032 081 008 Bruce Burroughs Bruce Burroughs Bruce Burroughs 22312 E Monte Vista Ave 22312 E Monte Vista Ave 22312 E Monte Vista Ave Denair, CA 95316 Denair, CA 95316 Denair, CA 95316 032 081 014 032 081 014 032 081 014 Bruce Burroughs Bruce Burroughs Bruce Burroughs 22312 E Monte Vista Ave 22312 E Monte Vista Ave 22312 E Monte Vista Ave Denair, CA 95316 Denair, CA 95316 Denair, CA 95316 037191 025 037 191 019 033 170 022 Michael & J C Lazzarini Richard & Virginia Paoli Clara Galli PO Box 1975 PO Box 1975 2521 Stansberry Way Elk Grove, CA 95759 Elk Grove, CA 95759 Sacramento, CA 95826 035 282 012 Major & Constance Inch 6381 Makana Rd Kapaa, HI 96746 Records Processed = 187 Dups screened = 0 CRs Screened = 0 Bad addressess = 0 Labels produced = 187 Agenda Item 9 Community Development Contra Costa County COUNTY ZONING ADMINISTRATOR MONDAY, OCTOBER 21, 1996 - 1:30 P.M. L INTRODUCTION CONTRA COSTA COUNTY - CYPRESS CORRIDOR DEVELOPERS, Development Agreement#DA960307: A request to review and approve a development agreement between the County of Contra Costa and Cypress Corridor Developers, as being consistent with the County General Plan and make recommendation to the Board of Supervisors. The subject property is located north of Cypress Road, east of Marsh Creek, west of Jersey Island Road and east of the community of Oakley. II. RECOMMENDATION Staff recommends the Zoning Administrator recommend to the Board of Supervisors that they enter into the Development Agreement. III. AUTHORIZATION FOR DEVELOPMENT AGREEMENTS The Board adopted a set of procedures and requirements for the consideration of development agreements July 9, 1985. The State law authorizes the County to enter into development agreements with persons having a legal or equitable interest in real property for the development of such property and to establish procedures for consideration of application for such agreements. Development agreements are a tool which, for a specific time, guarantees the developer the use of the property, density or intensity of use, height of buildings, etc. Notwithstanding any changes that may occur in ordinances after the agreement is approved. The County may impose new requirements which are not inconsistent with the agreement, and carry out administrative approvals such as architectural review. Each development agreement must be reviewed annually. If the developer does not make good faith progress in fulfilling the agreement, the County may amend or cancel the agreement. Each agreement must be reviewed at a public hearing by the Zoning Adminis- trator for recommendation to the Board of Supervisors. After the public hearing is closed, the Board may approve, modify or disapprove the proposed development agreement. Any approval of the proposed agreement shall be made by ordinance after a finding that the agreement is consistent with the County General Plan and Conditions of Approval for the project. S-2 IV. CEQA REVIEW The proposed development for the purposes of compliance with CEQA is exempt under Section 15601(b)(3). It can be seen with certainty that there is no possibility that the proposed agreement may have a_significant effect on the environment. Furthermore, the development agreement is not a project as defined by CEQA because the whole of the action does not have the potential for resulting in a. physical change in the environment, either directly of ultimately (CEQA Guidelines Section 15378(a)), and finally any effects are too speculative to provide meaningful information for environmental assessment (CEQA Guidelines 150004(b)). V. STAFF REVIEW Staff has reviewed the proposed Cypress Corridor Development Agreement dated September 30, 1996. The agreement proposes to vest or protect the current M-8 General Plan designation of the Emerson, Burroughs and Gilbert properties, more commonly known as Cypress Corridor for the term of the agreement. The agreement does not require or vest any other permits or approvals. The agreement further describes the comprehensive planning process and a process for siting the 100 acre community center as required by the County General Plan. Staff is generally in agreement with the terms of the agreement. However, there are two areas which staff and the applicant still are in disagreement. They are (l) Section 1.4 Term and (2) Section 2.4 Uses, etc. [of the co1rnmniity center]. A. Tenn. The applicant proposes a total term of 25 years with the following contin- gencies: A. Initial term 15 years or the aureernent shall terminate unless either of the following is done: "(a) an offer to dedicate the community center site has been made pursuant to Section 2.5, or (b) if the final.-subdivision map specified in Section 2.5 has not been file, the owners of•Cypress Corridor have made an Irrevocable Offer to dedicate pursuant to-Section 2.7". If either(a) or (b) are done then the, agreement would be extended an additional 10 years. The concept of an initial time period and additional time in the above describe requirements are met, is acceptable to staff. However, staff would recommend the total term of the agreement be reduced to 20 years, 10 years as the initial tern and an additional 10 years if the criteria described above is met. � tY n 1► 4 S-2 IV. CEQA REVIEW The proposed development for the purposes of compliance with CEQA is exempt under Section 15601(b)(3). It can be seen with certainty that there is no possibility that the proposed agreement may have a significant effect on the environment. Furthermore, the development agreement is not a project as defined by CEQA because the whole of the action does not have the potential for resulting in a physical change in the environment, either directly of ultimately (CEQA Guidelines Section 15378(x)), and finally any effects are too speculative to provide meaningfid information for environmental assessment (CEQA Guidelines 150004(b)). V. STAFF REVIEW Staff has reviewed the proposed Cypress Corridor Development Agreement dated September 30, 1996. The agreement proposes to vest or protect the current M-8 General Plan designation of the Emerson_ Burroughs and Gilbert properties, more commonly known as Cypress Corridor for the term of the agreement. The agreement does not require or vest any other permits or approvals. The agreement further describes the comprehensive planning process and a process for siting the 100 acre community center as required by the County General Plan. Staff is generally in agreement with the terms of the agreement. However_ there are two areas which staff and the applicant still are in disagreement. They are (1) Section 1.4 Term and (2) Section 2.4 Uses, etc. [of the community center]. A. Term. The applicant proposes a total term of 25 years with the following Contin- gencies: A. Initial term 15 years or the agreement shall terminate unless either of the following is done: "(a) an offer- to dedicate the community center site has been made pursuant to Section 2.5, or (b) if the final subdivision map specified in Section 2.5 has not been file, the owners of Cypress Corridor have made an Irrevocable Offer to dedicate pursuant to Section 2.7". If either (a) or (b) are done then the agreement would be extended an additional 10 years. The concept of an initial time period and additional time in the above describe requirements are met, is acceptable to staff. However, staff would recommend the total term of the agreement be reduced to 20 years, 10 years as the initial term and an additional 10 years if the criteria described above is met. Agenda Item 9 Community Development Contra Costa County COUNTY ZONING ADMINISTRATOR MONDAY, OCTOBER 21, 1996 - 1:30 P.M. I. INTRODUCTION CONTRA COSTA COUNTY - CYPRESS CORRIDOR DEVELOPERS, Development Agreement 4DA960307: A request to review and approve a development agreement between the County of Contra Costa and Cypress Corridor Developers, as being consistent with the County General Plan and make recommendation to the Board of Supervisors. The subject property is located north of Cypress Road, east of Marsh Creelc, west of Jersey Island Road and east of the community of Oakley. II. RECOMMENDATION Staff recommends the Zoning Administrator recommend to the Board of Supervisors that they enter into the Development Agreement. III. AUTHORIZATION FOR DEVELOPMENT AGREEMENTS The Board adopted a set of procedures and requirements for the consideration of development agreements July 9, 1955. The State law authorizes the County to enter into development agreements with persons having a legal or equitable interest in real property for the development of such property and to establish procedures for consideration of application for such agreements. Development agreements are a tool which, for a specific time, guarantees the developer the use of the property, density or intensity of use, height of buildings, etc. Notwithstanding any changes that may occur in ordinances after the agreement is approved. The County may impose new requirements which are not inconsistent with the agreement, and carry out administrative approvals such as architectural review. Each development agreement must be reviewed annually. If the developer does not hake good faith progress in fulfilling the agreement, the County may amend or cancel the agreement. Each agreement must be reviewed at a public hearing by the Zoning Adminis- trator for recommendation to the Board of Supervisors. After the public hearing is closed, the Board may approve,, modify or disapprove the proposed development agreement. Any approval of the proposed agreement shall be made by ordinance after a finding that the agreemerit is consistent with the County General Plan and Conditions of Approval for the project. S-3 The majority of development agreements approved by the County do not exceed a term of 20 years. This agreement is unique in that it is only vesting the M-8 General Plan designation and not an approved project or any subsequent project the applicant may file for. B. Section 2.4 Uses This section of the proposed agreement outlines essentially what the community center shall include and its uses. The uses outlined are broad, however, the County would be prohibited from selling the site to obtain a potentially larger community center/park, or if a preferred alternate location is chosen, developing the site in an alternative manner.(e.g., affordable housing). Staff would recommend that once the land has been dedicated to the County, that the County not be bound to specific uses for the subject property. Once the land is dedicated, the County should be free to determine-the appropriate use for the subject property. Staff would recommend this section be deleted. VI. COUNTY COUNSEL Additonal comments fi-om County Counsel will be provided to the Board of Supervisors. DJC/aa DA/Cyrpress.DJC 10/10/96 rr�5 S-3 The majority of development agreements approved by the County do not exceed a term of 20 years. This agreement is unique in that it is only vesting the NI-8 General Plan designation and not an approved project or any subsequent project the applicant may file for. B. Section 2.4 Uses This section of the proposed agreement outlines essentially what the community center shall include and its uses. The uses outlined are broad, however, the County would be prohibited from selling the site to obtain a potentially larger community center/park, or if a preferred alternate location is chosen, developing the site in an alternative manner (e.g., affordable housing). Staff would recommend that once the land has been dedicated to the County, that the County not be bound to specific uses for the subject property. Once the land is dedicated, the County should be free to determine the appropriate use for the subject property. Staff would recommend this section be deleted. VI. COUNTY COUNSEL Additonal comments from County Counsel will be provided to the Board of Supervisors. DJC/aa DA/Cyrpress.DJC 10/10/96 h. Mixcd Usc-Oak{cy Community Ccntcr (M8). Thc Oaklcy Community Ccntcr Mixcd Usc District comprises three properties totalling 1.539 acre: located north of Cypress Road, cast of Marsh Creek, and wc-st of lersev Isl,ind Road commonly referred to as the Cypress Corridor. Thc purpose of this mesad uw designation is to provide for the integrated development of these three properties through a comprchcnsrvc_pIannjn_g process which µill be completed prior to actua evclo meet . any of the three propwics. This planning process will have as its focal point a community center complex, including a large community park, for either the incorporated or unincorporated community of Oakley. Given the unique physical charae teristics of the site and its intended function as a community center for Oakley, the planning flexibility provided by this mixed use designation is necessary. A11 land use categories may include open space areas for active and passive recreation, wetland preservation, water canals, and similar open space uses. Waterrelated uses will largely occur north of the Contra Costa Canal.- Commercial anal:Commercial and Office uses will largely occur south of the Contra Costa Canal; and Single Family and Multi-Family uses will occur on both sides of the Contra Costa Canal. Thc land uses within this mixed use plan are anticipated to include: RANGE OF GROSS ACREAGES OF PROPOSED LAND USE FOR CYPRESS CORRIDOR Land Usc Category Low High Single Family Residential (SL, SM, SH) 1,035 1,330 Nfulti-Family Residential (ML, MM, MH) 100 150 Commercial (CO) 15 20 Office (OF) 30 40 Commercial Recreation (CR) 20 30 Parks and Recreation (PR) 100 150 Public and Scmi-Public (PS) 2S �35 Upon the adoption of this-General Plan, in order to retain consistency between this General Plan and the Bethel Island Area Specific Plan, the Specific Pian shall be amended to exclude the Burroughs property which is covered by this mixed-use designation. i. Mixed Use - Laurel Road (M-9) This site is located on the south side of Laurel Road at the ATSF railroad tracks. The site will sere as a transition from the lower dcnsity single-family residential use to traditional commercial uses. pp. 3-35 a.- 3-36 of Contra Costa Count}* G-neral Plan (Jan. 1991) APPENDIX A-1 r� • 00- !► • i fln PA- Ts cry+ .,,^f�;'�„C• ...;.'. . O � ' � � SN �f ,.rte • �\ � O S' CO 1 ti GA ra . vp r, CO . . v t v� a - {• SO 1 , sY . •L�� • '0 ' ti t \ CDS rO vs rO � � - L .s, "tie►; b" • s- l t h Mixcd Usc-Oaklcy Community Center (M3). Thc Oaklcy Community Ccntcr Mixcd Use District comprises three properties totalling 1.539 acrd located north of Cypress Road, cast of Marsh Creck, and west of Jersey Island Road commonly re(crred to as the Cypress Corridor. Pie purpose of this mLxcd use designation is to provide for the integrated development of these three prorc_rties through a, c.o"mprehensrve_plann�ng process which µill be completed prior to actua cvc o�imcnt any of the three properties. This planning process will have as its focal point a community t center complex, including a large community park, for tither the incorporated or unincorporated community of Oakley. Given the unique ph)51cal characteristics of the site and its intended function as a community center for Oakley, the planning flexibility provided by this mixed use designation is necessary. AJ) land use cale;gories may include open space areas for active and passive recreation, wetland preservation, water canals, and similar open space uses. Water-related uses will largely occur north of the Contra Costa Canal; Commercial and Office uses will largely occur south of the Contra Costa Canal; and Single Family and Multi-Family uses will occur on both sides of the Contra Costa Canal. The lz'nWd uses within this mixed use plan are anticipated to include: RANGE.OF GROSS ACREAGES OF PROPOSED LAND USE FOR CYPRESS CORRIDOR Land Use Catgory Low High Single Family Residential (SL, SM, SH) 1,035 1,330" Nfulti-Family Residential (ML, MM, MH) 100 150 Commercial (CO) 15 20 Ofrice (OF) 30 40 Commercial Recreation (CR) 20 30 Parks and Recreation (PR) 100 150 Public and Scmi-Public (PS) Upon the adoption of this General Plan, in order to retain consistency between this General Plan and the Bethel Island Area Specific Plan, the Specific Plan shall be amended to exclude the Burroughs property which is covered by this mixed-use designation. i. Mixed Use - Laurel Road (M-9) This site is located on the south side of Laurel Road at the ATSF railroad tracks. The site will .serNe as a transition from the lower dcnsil%, single-family residential use to traditional commercial uses. pp. 3-35 a:-� 3-36 of ODntra Costa County General Plan (Jan.. 1991) APPENDIX A-1 CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor - North Wing, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (510) 335-1213 Contact Person: DEBBIE CHAMBERLAIN Project Description, Common Name (if any) and Location: CONTRA COSTA COUNTY - CYPRFSSS CORRIDOR DEVELOPERS, Development Agreement #DA960307: A request to review and approve a development agreement between the County of Contra Costa and Cypress Corridor Developers, as being consistent with the County General Plan and make recommendation to the Board of Supervisors. The subject property is located north of Cypress Road, east of Marsh Creek, west of Jersey Island Road and east of the community of Oakley. This project is exempt from CEOA as a: Ministerial Project (Sec. 15268) Other Statutory Exemption, Section Declared Emergency (Sec. 15269(a)) X General Rule of Applicability (Section 15061(b)(3)) Emergency Project (Sec. 15269(b) or (c)) Categorical Exemption, Class_ Section for the following reason(s): The proposed development for the purposes of compliance with CEQA is exempt under Section 15601(b)(3). It can be seen with certainity that there is no possibility that the proposed development agreement may have a significant effect on the environment. Furthermore, the development agreement is not a project as defined by CEQA because the whole of the action does not have the potential for resulting in a physical change in the environment, either directly or ultimately (CEQA Guidelines Section 15378(a)), and finally any effects are too speculative to provide meaningful information for environment assessment (CEQA Guidelines 150004(b). Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title County Clerk Fee $25 Receipt # Recording requested by, and when recorded return to, Draft of NoVember 4 , 1996 DEVELOPMENT AGREEMENT BY AND BETWEEN THE COUNTY OF CONTRA COSTA AND RELATING TO THE PROJECT KNOWN AS "CYPRESS CORRIDOR" a3 TABLE OF CONTENTS RECITALS 1 Article 1 . General Provisions 3 1 . 1 Effective Date 3 1 . 2 Obligations of Landowner 3 1 . 3 Obligations of County 3 1 . 4 Term 3 Article 2. Obligations of Landowner 3 2 . 1 Community Center Land 3 2 .2 Comprehensive Planning Requirement and Community Center Site Determination 3 2 . 3 Location Criteria 4 2 . 4 Uses, Etc. 5 2 . 5 Time of Dedication 5 2 . 6 Relationship to Other Requirements 5 2 . 7 Irrevocable Offer to Dedicate 6 Terms of Offer 6 Site Development 6 Location Upon Acceptance 7 Constraints Analysis 7 2 . 8 Delta Science Center 8 2 . 9 Interim Agricultural Uses 8 Article 3. Development of Project 8 3 . 1 Applicable Law 8 Vested Right To Develop 8 California Codes 9 Taxing Power 9 No Conflicting Enactments 9 Processing Fees 10 Impact Fees 10 Growth Element 10 3.2 Cooperation/Implementation 10 Covenant of Good Faith and Fair Dealing 10 New Law 10 Comprehensive Plan Term 11 Changes in the Law 11 Timing of Construction and Completion 11 Article 4 . Amendment 13 4 . 1 Amendment of Agreement 13 4 .2 Insubstantial Amendment Exemption 13 4 . 3 Parties Required to Amend 13 4 . 4 Amendment to Approvals 14 4 .5 Other Owners' Consent 14 ii j Article 5. Default; Annual Review; Delay; Legal Challenge 14 5. 1 Default 14 Notice and Cure 14 Cure Period 14 Remedies 15 Relation to Annual Review 15 5 . 2 Annual Review 15 5. 3 Enforced Delay; Extension of Time Performance 17 5. 4 Legal Actions 17 Legal Remedies 17 Cooperation; Tender 17 5. 5 Defense And Indemnity 18 Landowner' s Actions 18 County' s Actions 18 Subdivision Agreement and Defense 18 , Article 6. Transfer; Notice of Compliance' 19 6. 1 Covenants 19 6.2 Transfer; Notice; Release 19 Transfers 19 County Consent 19 Effect 19 Non-Assuming Transferees 20 6. 3 Notice of Compliance 20 Request 20 Determination 20 Relation to - Default 21 Failure 21 Article 7 . Mortgagee Protections 21 7 . 1 Mortgage Protection 21 7 . 2 Notice of Default to Mortgagee 21 7 . 3 Mortgagee Opportunity to Cure 22 7 . 4 Mortgagee Amendments 22 7 . 5 Notice of Proposed Amendment to Mortgagee 22 Article 8. Miscellaneous Provisions 23 8 . 1 Generally 23 8 .2 Addresses for Notice 23 8 . 3 No Agency, Joint Venture or Partnership 24 8 .4 Severability 24 8 . 5 Other Necessary Acts 24 8 . 6 Construction 24 8 . 7 Other Miscellaneous Terms 25 8 . 8 Incorporation or Annexation 25 8 . 9 Section, Etc. , References 25 8 . 10 Counterparts 25 8 . 11 Entire Agreement 25 8 . 12 Exhibits 25 8 . 13 Recordation 26 iii j 8 . 14 Incorporation 26 Article 9. Definitions 26 Exhibit A - General Plan land use designation for Cypress Corridor A-1 Text A-2 Map Exhibit B - Property Descriptions, etc. B-1 Legal Description of Emerson Dairy B-2 Legal Description of Gilbert B-3 Legal Description of Burroughs iv i 1 Draft of November 4 , 1996. DEVELOPMENT AGREEMENT BY AND BETWEEN THE COUNTY OF CONTRA COSTA AND RELATING TO THE AREA KNOWN AS "CYPRESS CORRIDOR" This Agreement is entered into as of the day of , 1996, by and between the County of Contra Costa, a political sub- division of the State of California and pursuant to the authority of Sections 65864 et seq. of the California Gov- ernment Code. The definitions given initially capitalized terms in Article 9 apply wherever such initially capitalized term is used in this Agreement . RECITALS A. To strengthen the public planning process, 'encourage private participation in comprehensive planning and reduce the economic costs of development, the Legislature of the State of California adopted the Development Agreement Statute, which authorizes the County to enter into a development agreement with any person or entity having a legal or equitable interest in real property providing for the development of such property and es- tablishing certain development rights . B. Pursuant to the Development Agreement Statute, the County has adopted rules and regulations establishing procedures and requirements for consideration of development agreements . This Agreement has been processed, considered, approved and exe- cuted in accordance with those rules and regulations. C. Landowner owns the approximately acre Property which Landowner proposes to develop in accordance with County' s General Plan. The Property, together with the two Other Properties, comprises the approximately 1539 acre Cypress Corridor area located east of the unincorporated community of Oakley in Contra Costa County, California. A diagram of Cypress Corridor is attached as Exhibit A-2 . D. Landowner and County are entering into this Agreement concurrently with two other development agreements for the two Other Properties comprising Cypress Corridor. Such two other development agreements are on substantially the same terms as this Agreement. EM011001.100 1 01/01/06 11/04/96 E. Cypress Corridor is designated Mixed Use-Oakley Community Center (M8) in the County' s General Plan Designation, a copy of which Designation is attached as Exhibit A. The Designation calls for Cypress Corridor to include a Community Center, including a large community park, for the community of Oakley. F. The Approval and this Agreement have all been properly reviewed and assessed by County pursuant to CEQA. In January, 1991, County' s Board certified an environmental impact report concerning County' s General Plan, and on 1996, the Board found this Agreement to be exempt for purposes of CEQA. G. This Agreement is consistent with the General Plan, as amended through the Effective Date. Development of the Property in accordance with this Agreement will provide for orderly growth consistent with the goals, policies, and other provisions of the General Plan. H. On October 21, 1996, the County Zoning Administrator, following a duly noticed and conducted public hearing, recom- mended that the Board approve this Agreement. On , 1996, the Board, following a duly noticed and conducted public hearing, adopted Ordinance No. 96- , approving this Agreement. The Board acted in part on the basis of an accompanying staff report dated , 1996, which staff report is incorporated in this Agreement by this reference. I . County and Landowner have determined that the Designa- tion is an appropriate subject matter for this Agreement. This Agreement will : eliminate uncertainty in planning and provide for the orderly development of the Property, encourage private par- ticipation in comprehensive planning, strengthen the public plan- ning process, avoid escalation in the cost of housing and other development to the consumer, encourage investment in and commit- ment to comprehensive planning (thereby encouraging maximum effi- cient utilization of resources at the least economic costs to the public) , and otherwise achieve the goals and purposes for which the Development Agreement Statute was enacted. NOW, THEREFORE, in consideration of the promises, covenants, and provisions set forth in this Agreement, the Parties agree as follows: EM011001.100 2 01/01/08 11/04/96 AGREEMENT Article 1 . General Provisions. 1 . 1 . Effective Date. This Agreement shall become effective upon the thirtieth (30th) day following adoption by the Board of Ordinance No. 96- approving this Agreement or the date upon which execution of this Agreement and the Other Agreements is completed by all parties to such three Agreements, whichever is later. Such Effective Date shall be inserted in the Preamble to this Agreement . 1 .2 . Obligations of Landowner. (a) Approval and execution of this Agreement by County are in consideration, among other things, of Landowner' s acceptance of and agreement to comply with this Agreement and the Approval . (b) Landowner also shall be obligated to comply with Sec- tions 2 . 1 - 2 . 6 and 2 . 8 of this Agreement. 1 .3. Obligations of County. Approval and execution of this Agreement by Landowner are in consideration, among other things, of County' s acceptance of and agreement to comply with this Agreement and the Approval . 1 .4 . Term. The term ("Term") of this Agreement shall be an initial thirteen (13) years from the Effective Date, whereupon this Agreement shall terminate unless either (a) an offer to dedicate the Community Center Site has been made pursuant to Sec- tion 2 . 5, or (b) if the final subdivision map specified in Sec- tion 2 . 5 has not been filed, the Owners have made an Irrevocable Offer to dedicate pursuant to Section 2 .7, in either of which events the Term of this Agreement shall be extended an additional twelve (12) years after the end of the initial thirteen years . Article 2 . Obligations of Landowner. 2 . 1. Community Center Land. The Three Properties comprising the Cypress Corridor shall provide the County with one hundred acres of land for the Community Center (the "Community Center Site" or "Site") pursuant to Sections 2 . 1 - 2 . 6. 2 .2 . Comprehensive Planning Requirement and Community Center Site Determination. (a) The first Owner to file an application for development of such Owner' s Cypress Corridor property shall (after EM011001.100 3 01/01/08 11/04/96 r consultation with County staff) include in the first such application filed the following. i . A method of satisfying the Comprehensive Planning Requirement, if such Requirement is not already satisfied, which shall then become the method used. Such method may be: (i) a preliminary development plan, or (ii) any other method then available under County Law. ii . A proposed location for the Community Center Site, including the proposed boundaries . The application shall include the written consent of each Owner on whose property all or any portion of the proposed Community Center Site is located, but need not include the written consent or approval of any other Owner. (b) The Comprehensive Planning Requirement shall be satisfied (if not already satisfied) and the location of the Community Center Site determined on or before approval of such application by County. (c) County shall determine whether the location of the Site proposed in the application complies with Section 2 . 3 and either (i) approve such location, or (ii) designate an alternative location which complies with Section 2 . 3. Designation of an alternative location shall be after notice to the three Owners, such additional notice as may be required by law, and hearing before the Board, and shall be in conjunction with processing the Landowner' s application except as the Landowner filing such application may request and the Director approve. . (d) An applicationfor development for purposes of Section 2.2 (a) is an application relying on the Designation for the uses sought. It does not include: an application within Section 2 . 9, an application for changes in lot lines, or a parcel or subdivision map for the primary purpose of accomplishing a lot line adjustment or for parcelization for agricultural .purposes, for disposition upon death or for conveyance to family members or entities more than 50% owned by family members . 2 .3 . Location Criteria. Except as the Board may approve and the three Owners agree in writing, any location of the Community Center Site : (i) shall be on one or more of the Three Properties; (ii) shall consist of a single contiguous piece of land (rather than two or more separate pieces) , the gross size of which piece shall be approximately 100 acres; (iii) shall be suitable for the Community Center uses contemplated by Section 2 . 4; and (iv) shall be compatible with the then-current development plans of the Owners on whose Properties the Community Center Site is located. EM011001.100 4 01/01/08 11/04/96 The Community Center Site may be located on any one or more of the Three Properties . . 2 .4 . Uses, Etc. The purpose of the Community Center Site is to provide the land for a center to serve the unincorporated or incorporated community of Oakley. The present intention is to model the Community Center after Heather Farm in Walnut Creek, with a mixture of active recreation, passive recreation and public facilities (such as a library, community meeting facility, etc. ) serving the community. County is free in its discretion to alter this intention and to determine different public uses of the Community Center Site. However, except as the Board may approve and the three Owners agree in writing, the Community Center Site and its uses : shall include a large community park; shall be used for public purposes; shall not include any residential uses; and shall be consistent with the design and uses of the remaining portions of Cypress Corridor. Public purposes includes (by way of example and not limitation) public facilities, leasing to non-profit organizations, renting public facilities for events and incidental concession stands . County may require applicants for development of Cypress Corridor to notify future buyers of land in Cypress Corridor of the uses of the Site by recorded notices, deed restrictions and other suitable means. 2 .5. Time of Dedication. The Owners of the properties on which the Community Center Site will be located (as such location is determined pursuant to Section 2 .2 (c) ) must offer to dedicate the land comprising the Community Center Site on (or concurrently with the filing of) the first final subdivision map for Cypress Corridor which creates ten (10) or more new lots for single family dwellings (not bulk sale lots) resulting from an applica- tion for development within Section 2 .2 (d) . Such offer to dedicate shall be on terms substantially the same as those required by Section 2 . 4 . Sections 2 . 1 through 2 .5 and the remainder of this Agreement require the three Owners to provide the land for the Community Center, as more particularly provided .above,. but do not require any Owner to improve, develop, provide the roads, utilities or other infrastructure for, maintain or protect the Community Center Site. If County elects to accept an offer to dedicate the Community Center Site, then upon determin- ation of the Site' s location, the County shall be the owner of the Site and thereafter responsible for the Community Center Site' s maintenance and the Site' s pro rata share of flood control and other expenses common to the Site and other lands in . Cypress Corridor. 2 . 6 Relationship to Other Requirements. The 100 acres included in the Community Center Site are in addition to lands required for parks by the Quimby Act (Government Code Section EM011001.100 5 01/01/08 11/04/96 r • 66, 477) and such other lands as may be required for schools and other public purposes by the Subdivision Map Act or the Applicable Law and which could have been required to be dedicated under the Applicable Law other than by the Designation. So long as the foregoing requirements are satisfied, such 100 acres shall be credited against and included within the 100 to 150 gross acres for Parks and Recreation (PR) or the 25 to 35 gross acres for Public and Semi-Public (PS) uses listed in the Approval . 2.7 Irrevocable Offer to Dedicate. The Irrevocable Offer specified in Section 1 . 4 (b) shall be on the terms specified by Section 2 .7 (a) and include the constraints analysis required by Section 2 .7 (d) . (a) Terms of Offer. The Irrevocable Offer shall be an ir- revocable written offer to dedicate the Community Center Site to County pursuant to Sections 2 . 1 and 2 . 3 through 2 . 6 of .this Agreement; shall be signed by the three Owners, with each signa- ture duly acknowledged; must be sufficient (in the reasonable opinion of County Counsel) to constitute a legally binding and irrevocable offer by the three Owners to dedicate such land; and shall provide that (except as County and the three Owners may otherwise agree) the offer shall remain outstanding and irrevoca- ble until the first to occur of: (a) acceptance by County, (b) sufficient development processing by one or more Owners that an offer to dedicate in conjunction with a final subdivision map is made pursuant to Section 2 .5, in which event the offer to dedi- cate pursuant to Section. 2 . 5 shall supersede the Irrevocable Of- fer, or (c) five years . (b) Site Development. If County accepts the Irrevocable Offer, then the Site shall be determined pursuant to Section 2 . 7 (c) , after which County may develop the Site with structures and other suitable uses, as provided in Section 2 . 4, constructing such roads, utilities and other infrastructure as such develop- ment may require. If the roads, utilities and the other infra- structure required for construction of a public facility is lo- cated near the Site, then the following shall apply. If by the longer of ten years after County acceptance of the Irrevocable Offer or fifteen years after the Irrevocable Offer is made, County has not completed construction on the Site of 10, 000 square feet or more of structures serving the public, the Site shall revert back and become the property of the Owners on whose Properties the Site is located. However, such period for com- pleted construction may be extended an additional five years if prior to the end of such period County has completed engineering design of a public facility meeting the foregoing requirement and gives notice to Owners of its election to so extend. EM011001.100 6 01/01/08 11/04/96 (c) Location Upon Acceptance. If County accepts the Ir- revocable Offer pursuant to its terms, then the location of the Community Center Site shall be as follows. i . The Site selected pursuant to Section 2 . 2 . ii . If selection of a Site has not been completed pur- suant to Section 2 .2, then the Site designated in any Comprehen- sive Plan for Cypress Corridor prepared pursuant to the Compre- hensive Planning Requirement. iii . If a Site has not been designated in such a com- prehensive plan, then if an Owner has filed an application within Section 2 .2 (a) , the location of the Community Center Site shall be determined in conjunction with such application, as provided in Section 2 .2 . iv. If no such application has been filed, then County may determine the location of the Community Center Site independ- ently of any application by any Owner, notwithstanding anything to the contrary in Section 2 .2, upon notice to the three Owners and a hearing. However, if County has not completed such inde- pendent determination of the location prior to filing of the first application within .Section 2 .2 (a) , then the location shall be determined in conjunction with the first application within Section 2 . 2 (a) , which application must also satisfy the Compre- hensive Planning Requirement, all as more particularly provided in Section 2 .2 . V. Sections 2 . 3 and 2 . 4 shall in all events apply to the selection of the location of the Community Center Site, whether such selection is in conjunction with an Owner' s applica- tion, in conjunction with preparation of a Comprehensive Plan, or by County independently of either of the foregoing. (d) Constraints 'Analysis. Concurrently with delivery of the Irrevocable Offer, the Owners shall either provide a com- pleted constraints analysis or deposit with County an amount rea- sonably sufficient to pay for a completed constraints analysis. i . The constraints analysis shall be prepared by reputable independent consultants approved by County and provide sufficient information concerning the constraints on development of the proposed Community Center Site to enable County to rea- sonably determine the Site' s suitability for Community Center uses pursuant to Section 2 . 4 . If an Application by any Owner is pending on the date the Irrevocable Offer is made (or if an Ap- plication has been made earlier) , then the constraints analysis may rely on information developed in conjunction with such Appli- EMO11001.100 7 01/01/08 11/04/96 r , cation to the extent such information satisfies the requirements of this Section 2 . 7 (d) (i) . ii. If one or more of the Owners deposits an amount sufficient to pay for the constraints analysis, then the Owners making such deposit shall promptly retain the requisite consult- ants and cause such constraints analysis to be completed and de- livered to County, and in any event within six months following the date such deposit is made, unless the Director shall request otherwise. iii. The location of the Community Center Site shall be determined in accordance with Section 2 . 7 (c) preceding. The lo- cation to be studied in the constraints analysis shall be deter- mined as follows . The initial location to be studied in the con- straints analysis shall be that required by Sections 2 . 7 (c) (i) through (iii) , if such Sections are applicable. If not applica- ble, then the initial location shall be that determined by the Owners after prior consultation with the Director. In that event County may require Owners to prepare at Owners' expense a second constraints analysis for a different location selected by County during the later Site selection process pursuant to Section 2 . 7-(c) (iv) . 2.8 Delta Science Center. Owners shall deposit $10, 000 with County no later than 30 days after the Effective Date. Such funds shall be held by County in trust for road access and other development feasibility studies for the Delta Science Center at Big Break (formerly called the Delta Environment Science Center) . The funds shall be separately accounted for and invested in in- terest-bearing obligations selected by County; any interest re- ceived on such funds shall be added to the amount being held in trust for the Delta Science Center. 2 . 9 Interim Agricultural Uses. Landowner may continue part or all of the Property in agricultural uses until approval and construction of different uses. The permitted and allowable ag- ricultural uses are those which would be permitted or allowed un- der County's A-3 agricultural zone. Applications for (and issu- ance of) permits and approvals for such permitted or allowable agricultural uses are not applications requiring provision of the Community Center Site or the other requirements of Sections 2 . 1 - 2 . 6. Article 3. Development of Property. 3. 1 . Applicable Law. (a) Vested Right To Develop. Landowner shall have the vested right to develop the Property pursuant to the Approval, EMO11001.100 8 01/01/08 11/04/96 the Applicable Law, and (as and when adopted or issued pursuant to this Agreement) the Subsequent Approvals. (b) California Codes. Notwithstanding Section 3 . 1 (a) , the County may from time to time apply the then-current California construction regulations (including but not limited to the Cali- fornia Building Standards Code) throughout the Term of this Agreement, provided that such regulations are in effect in the unincorporated area on a County-wide basis . (c) Taxing Power. Nothing in this Agreement shall be con- strued to (and nothing in this Agreement shall) limit any general County power (either exercised directly by the Board or by Board- called election) to fix, establish, or levy a general or special tax or benefit assessment, so long as it is fixed, established, or levied on (i) a County-wide basis in all unincorporated areas of the County, or (ii) an Area-wide basis. For the purposes of this paragraph, "benefit assessment" does not include an area of benefit charge made pursuant to Government Code sections 66485-9. (d) No Conflicting Enactments . Notwithstanding any other provision of this Agreement, this Agreement does not preclude the County (including the voters in the County) , by subsequent ac- tion, from enacting or imposing any New County Law that does not conflict with the Applicable Law or this Agreement. Conversely, the County shall not apply any New County Law which conflicts with Applicable Law or which reduces the rights provided Land- owner by this Agreement . Any New County Law, whether by specific reference to the development of the Property or as part of a gen- eral enactment that directly or indirectly applies to the devel- opment of the Property, shall be considered to conflict with this Agreement if it has any one or more of the following effects: i . Limits or reduces the density or intensity set forth in the land use categories and ranges of gross acrea- ges in the Approval . ii . Subject to Section 3 . 1 (g) , limits utilities, services or related facilities or any privileges or rights to such utilities, services and facilities for the Property. iii . Subject to Section 3 . 1 (g) , limits or controls in any manner the growth or other rate, timing, phasing, or sequencing of the approval or development of the Property, whether by moratorium, growth restriction, a mechanism by which development is tied to the availability of public services and/or facilities (for example, the presence of a specified traffic level or service or water or sewer avail- ability) or otherwise. EM011001.100 9 01/01/08 11/04/96 iv. Applies to the Property any New County Law other- wise allowed by this Agreement that is not uniformly applied on a County-wide or Area-wide basis to all substantially similar developments and properties . V. Changes any land use designation or permitted use of the Property without the consent of Landowner. All County actions applying any New County Law to the development of the Property must be consistent with this Agreement. If County denies any Subsequent Approval on the basis that such Sub- sequent Approval does not comply with a New County Law, which New County Law is consistent with this Agreement, County shall follow the procedures set forth in Section 3 .2 (f) of this Agreement. (e) Processing Fees . County may charge Landowner the Processing Fees that are in force and effect in the unincorpo- rated area on a County-wide basis at the time the services are rendered. (f) Impact Fees. County may charge Landowner the Impact Fees which are in force and effect in the unincorporated areas on an Area-wide or County-wide basis at- the time the fees are due and which are in conformance with applicable state and Federal requirements, including new fees and increases in existing fees after the Effective Date. (g) Growth Element. It is understood that the Applicable Law includes the General Plan, and in particular the Growth Man- agement Element of the General Plan (the "Growth Element") , and that accordingly the Growth Element remains applicable and may be applied by County to the Property. The interpretation and appli- cation of the Growth Element to the Property shall be consistent with the Growth Element' s interpretation and application on an Area-wide basis. 3.2 . Cooperation/Implementation. (a) Covenant of Good Faith and Fair Dealing. . Subject to Section 3. 1, each Party shall take and employ all necessary ac- tions to ensure that the rights secured by the other Party through this Agreement can be enjoyed, and neither Party shall take any action that will deprive the other Party of the enjoy- ment of the rights secured through this Agreement. (b) New Law. i . The Parties recognize that the County presently is required by law to defend the validity of any voter-approved County initiative or referendum. The undertaking and provi- i EM011001.100 10 01/01/0B 11/04/96 sion of any such defense by the County shall not be con- strued in any manner as a violation or default of this Agreement. However, consistent with Section 3 . 1 of this Agreement, a conflicting initiative or referendum shall not apply to this Property. ii. Should any moratorium or other growth or limita- tion restriction be enacted, whether by action of the County or by voter-approved initiative, referendum, or other means (collectively, "Moratorium") , and pursuant to this Agreement the County declines to apply the restric- tions of such Moratorium to the Property, Landowner shall fully defend County against any legal Challenge to County' s declination to apply such Moratorium to the Property. Landowner shall provide all necessary legal services, bear all costs therefor, and otherwise indemnify and hold County harmless from all costs and expenses of any such Challenge and litigation, including any award of attorneys ' fees in favor of the petitioner or plaintiff. iii . Landowner may challenge any New County Law should it be necessary, in Landowner' s opinion, to protect the rights vested pursuant to this Agreement. (c) Comprehensive Plan Term. The term of the Comprehensive Plan shall automatically be extended for the longer of: (1) the Term of this Agreement; or (2) the term given such Comprehensive Plan under County Law. (This includes automatic extension of the term of a Comprehensive Plan which is a preliminary or final de- velopment plan or related rezoning, notwithstanding the County Ordinance Code time limitations which would otherwise apply under Secs. 84-66. 1406 (1) , . 1602 (a) (1) and . 1602 (a) (2) . ) Nothing in this Section 3.2 (c) requires County to approve any Comprehensive Plan. (d) Changes in the Law. Pursuant to Government Code Sec- tion 65869. 5, and notwithstanding any other provision of this Agreement, this Agreement shall not preclude the application to the Property of any Changes in the Law. In the event the Changes in the Law prevent or preclude compliance with one or more provi- sions of this Agreement, such provisions of this Agreement shall be modified or suspended, or performance of such provisions de- layed, as may be necessary to comply with the Changes in the Law, and County and Landowner shall take such action as may be re- quired pursuant to this Agreement, including without limitation Sections 3 .2, 5.3, 8 . 4 and 8 .5, and Article 4 . (e) Timing of Construction and Completion. The parties acknowledge that it is not now possible to predict when, or the rate at which, or the order in which, the Property or any portion EMO11001.100 1 1 O1/01/08 11/04/96 `� a3 of the Property will be developed. Such decisions depend upon numerous factors not within the control of Landowner, including market orientation and demand, interest rates, general economic conditions, competition, employment rates and other similar fac- tors . Landowner may develop or not develop the Property in such order, at such rate and at such times, as Landowner deems appro- priate within the exercise of its subjective and independent dis- cretion, and Landowner shall determine the part of the Property to develop first. Landowner shall not be required to initiate, pursue or complete development of the Property or any portion of the Property within the Term of this Agreement or any other spe- cific period of time. However, the foregoing does not exempt Landowner from completing work required by a road improvement agreement, subdivision agreement or similar agreement in accor- dance with such agreement' s terms . (f) Processing. County and Landowner shall, with due dili- gence and in good faith, cooperate: to promptly process and act on each Application and Subsequent Approval . County' s granting, conditioning or denial of Applications shall be in accordance with this Agreement and Applicable Law. If County denies an Ap- plication, County shall state the basis in reasonable detail and specify the modifications to the Application that are required to obtain approval. If County continues its consideration of an Ap- plication to a later date, County shall endeavor to provide the applicant with direction as to any desired changes and additional information. County' s obligations under this Section 3 .2 (f) are conditioned on Landowner' s provision to County, in a timely man- ner, of all documents, applications, plans, and other information necessary for County to carry out its obligations under such Sec- tion. (g) Eminent Domain Power. County shall cooperate with Landowner in implementing the Approval, the Subsequent Approvals and this Agreement. To the extent permitted by law, such coop- eration shall include without limitation the use by County of its power of eminent domain where. necessary to satisfy a condition of approval of an Application. (h) Other Governmental Permits. Landowner shall apply in a timely manner for Subsequent Approvals required by other agencies having jurisdiction over, or providing services or facilities to, the Property. County shall cooperate with Landowner relative to such Subsequent Approvals by other agencies, including from time to time at the request of Landowner using County' s best efforts to enter into agreements with any such agency as may be necessary to ensure the availability of such permits and approvals, but County shall not be required by this Agreement to join or become a party in any manner to litigation or any administrative pro- ceeding involving such agencies . EM011001.100 12 01/01/08 11/04/96 3.3 . General Permitted Uses . The permitted uses of the Property, density and intensity of use, maximum height and size of proposed buildings, and provisions for reservation or dedica- tion of land for public purposes and other terms and conditions of development applicable to the Property shall be those set forth in the Approval and other provisions of the Applicable Law. Article 4 . Amendment. 4 .1 . Amendment of Agreement. This Agreement may be amended from time to time in whole or in part by mutual written consent of the Parties or their successors in interest, in accordance with the Development Agreement Statute and subject to the provi- sions of this Article 4 . 4 .2 . Insubstantial Amendment Exemption. An insubstantial amendment to this Agreement is one that does not: increase the Term; alter the uses permitted by the Approval; increase the den- sity or intensity of use or maximum height or size of proposed buildings to an extent greater than that permitted by the Ap- proval and Applicable Law; impose conditions, restrictions, and requirements relating to subsequent discretionary actions by County; or reduce the amount of land included in the Community Center Site or any monetary contribution required of Landowner by this Agreement. An insubstantial amendment shall not require no- tice or public hearing before the Parties may execute an amend- ment to this Agreement. (The preceding sentence is the insub- stantial amendment exemption) . The Director shall determine whether the insubstantial amendment exemption applies, which de- termination may be appealed by any aggrieved person to the Board in accordance with the provisions of chapter 14-4 of the County Ordinance Code. Any such appeal shall toll all applicable time periods until such time as the appeal is concluded. 4 .3 Parties Required to Amend. (a) When a portion of Landowner' s rights or obligations has been transferred (Section 6.2) , the consent or signature of the person to whom such rights or obligations have been transferred shall not be required to amend this Agreement, except (a) to the extent a written transfer agreement so requires, or (b) if the transfer agreement does not contain an express provision concern- ing amendments to this Agreement, then if the amendment would ma- terially alter the rights or obligations of such Transferee under this Agreement. However, any such Transferee shall be provided with thirty days prior written notice of any amendment to this Agreement. EMO11001.100 13 01/01/08 11/04/96 (b) In no event shall the consent or signature of any Non- Assuming Transferee (described in Section 6.2 (d) ) be required to amend this Agreement. 4 .4 . Amendment to Approvals . No amendment of the Approval or a Subsequent Approval (as and when the Subsequent Approvals are adopted or issued pursuant to this Agreement) requested by Landowner or with Landowner' s written consent shall require an amendment to this Agreement. Any such amendment shall automatically be incorporated into the Approval or Subsequent Approval and any rights given to Landowner by such amendment shall be vested under this Agreement. 4 .5. Other Owners ' Consent. Notwithstanding anything to the contrary in the preceding provisions of this Article 4, any amendment of any one or more of Sections 2 . 1 through 2 . 9 of this Agreement which (a) imposes a new, or increases an existing, ob- ligation in some material way, or (b) materially reduces a pro- tection or right, of an Owner of one or more of the Other Proper- ties, shall require the approval of the other Owner who is so af- fected. Approval shall also be obtained from such other Owner' s transferees to the extent such approval would be required if such transferees were Transferees of Landowner under the terms of this Agreement. Article 5. Default; Annual Review; Delay; Legal Challenge. 5. 1 . Default. (a) Notice and Cure. The terms, provisions and conditions of this Article 5 shall apply to any default by either Party. A "Default" is a failure by either Party to perform any term or provision of this Agreement, which failure continues uncured for a "Cure Period" of thirty (30) days following written notice of such failure from the other Party or for such longer period as may be provided by mutual consent. Any notice given pursuant to the preceding sentence ("Default Notice") shall specify the na- ture of the alleged failure to perform and, where appropriate, the manner in which such failure may be cured. If the nature of the alleged failure to perform is such that it cannot reasonably be cured within a 30 day period, then the commencement of the cure within the 30 day period following the Default Notice, and the diligent prosecution to completion of the cure thereafter, shall be deemed to be a cure within the Cure Period. (b) Cure Period. During any Cure Period, the Party al- leged to have failed to perform shall not be in default of this Agreement for the purposes of termination, other remedies or in- stitution of ' an administrative proceeding or litigation. If the alleged failure is cured, then no default by the Party shall have EM011001.100 14 01/01/08 11/04/96 �, a3 taken place or existed and the Party giving the Default Notice shall take no further action. (c) Remedies. i . Subject to the foregoing provisions of this Sec- tion 5. 1, after a Default (i .e. after Default Notice and ex- piration of the Cure Period without cure) , the Party giving the Default Notice may institute a legal proceeding to en- force the terms of this Agreement, or in the event of a ma- terial Default, terminate this Agreement . ii . If the County elects to consider terminating this Agreement due to a material Default of Landowner, then County shall give notice of intent to terminate this Agree- ment pursuant to Sections 8 . 1 and 8 . 2 of this Agreement, and the matter shall be scheduled for consideration by the Board at a duly noticed and conducted public hearing. Landowner shall have the right to offer written and oral evidence prior to and at such public hearing. If the Board deter- mines that a material Default has occurred and is continu- ing, and elects to terminate this Agreement, then County may give written notice of termination of this Agreement to Landowner by certified mail and this Agreement shall thereby be terminated sixty (60) days thereafter. However, if Land- owner files an action to challenge County' s termination of this Agreement within such sixty day period, then this Agreement shall remain in full force and effect until a trial court has affirmed County' s termination of this Agree- ment and all appeals have been exhausted (or the time for requesting any and all appellate review has expired) . (d) Relation to Annual Review. Evidence of an alleged de- fault by Landowner may also arise in the course of the regularly scheduled Annual Review of this Agreement, as further described in Section 5.2 of this Agreement. 5.2. Annual Review. (a) On or before the first anniversary of the Effective Date, and on or before each anniversary date during the term of this Agreement thereafter, the County shall conduct an Annual Re- view. This Annual Review shall be conducted by the Zoning Admin- istrator, and shall be limited in scope to compliance with the terms of this Agreement. During the Annual Review, Landowner may be required to demonstrate good faith compliance with the terms of this Agreement. (b) Thirty days or more before the anniversary date, Land- owner shall submit to the Department a written request for Annual EMO11001.100 15 O1/01/08 11/04/96 s Review, together with a statement concerning Landowner' s good faith compliance with the terms of this Agreement and payment of County' s Processing Fee for the Annual Review. Failure of Land- owner to make such request shall not excuse Landowner from the Annual Review requirement, and shall be a Default if Landowner does not make such request within 30 days after a Default Notice concerning such failure to request. County may elect in its dis- cretion to initiate such Annual Review, but shall not be required to do so. (c) Prior to each review, the Department shall file a re- port with the Zoning Administrator relative to all development which has occurred under this Agreement subsequent to the last review and any other matters which the Department wishes to bring to the Zoning Administrator' s attention. If the Department re- port recommends modification or termination of this Agreement, or if the Zoning Administrator proposes to make such a recommenda- tion to the Board, the Zoning Administrator shall schedule a pub- lic hearing on this Agreement . (d) If a public hearing is held pursuant to Section 5. 2 (c) , after the conclusion of the hearing, the Zoning Adminis- trator shall make written findings and determinations, on the ba- sis of substantial evidence in the record, whether or not Land- owner has complied in good faith with the terms and conditions of this Agreement. If the Zoning Administrator finds and determines that Landowner has not complied with such terms and conditions, and such non-compliance may amount to a Default if not cured, then the Zoning Administrator may deliver to Landowner a Default Notice pursuant to Section 5. 1 (a) , in which case the provisions of Section 5. 1 shall apply. If the Zoning Administrator does not send such a Default Notice, then the Zoning Administrator and County shall take no further action; County (including the Zoning Administrator) may exercise its rights relating to any such De- fault only after complying with Section 5 . 1 of this Agreement. (e) County shall deliver to Landowner a copy of all staff reports and documents to be used or relied upon in conducting the Annual Review and, to the extent practical, related exhibits con- cerning Landowner's performance under this Agreement, at least ten days prior to any such Annual Review. Landowner shall be permitted to respond orally at the public hearing, by a written statement, or both, to County' s evaluation of Landowner' s perfor- mance. (f) In the event (i) Landowner has requested Annual Review but County has failed to conduct such Annual Review within sixty days following Landowner' s request, or (2) if the Annual Review is conducted, County has failed to notify Landowner in writing of County' s determination as to compliance or non-compliance with EM011001.100 16 01/01/09 11/04/96 the terms of this Agreement, and either such failure remains un- cured as of sixty (60) days following the anniversary of the Ef- fective Date in any year during the term of this Agreement, such failure shall be conclusively deemed a determination by County of Landowner' s compliance with the terms of this Agreement for that Annual Review period. (g) With respect to any year for which an Annual Review is conducted and compliance is approved, or with respect to any year in which County is deemed to approve of Landowner's compliance with this Agreement pursuant to the preceding Section 5. 2 (f) , County, upon request of Landowner, shall provide Landowner with a written Notice of Compliance pursuant to Section 6. 3 of this Agreement. 5.3. Enforced Delay; Extension of Time Performance. In ad- dition to any specific provision of this Agreement which may ex- cuse performance, performance by either Party under this Agree- ment shall not be deemed to be in default where delays or de- faults are due to war, insurrection, strikes, walkouts, riots, floods, earthquakes, fires, casualties, acts of God, restrictions imposed or mandated by governmental entities other than County (including new or supplemental environmental regulations) , enact- ment of conflicting state or federal laws or regulations, judi- cial decisions, or other circumstances outside the reasonable control of the Party to be excused. A Challenge shall be deemed to create an excusable delay. Upon the request of either Party to this Agreement, an extension of time for such cause (including a corresponding extension of the Term) shall be granted in writ- ing by the other Party for the period of the enforced delay or such longer period relating to the delay as may be mutually agreed upon. Such an extension of time, having been granted pur- suant to this Agreement, shall not be an amendment of it. 5.4 . Legal Actions. (a) Legal Remedies., This Agreement shall be construed and enforced in accordance with the laws of the State of California. Either party may, in addition to any other rights or remedies, institute an action to cure, correct or remedy any default, en- force any covenant. or agreement in this Agreement, enjoin, or re- strain any threatened or attempted violation of this Agreement or enforce by specific performance the obligations and rights of the parties to this Agreement, or to obtain any other remedy. How- ever, in no event shall either County or Landowner be entitled to monetary damages for breach of contract by the other party to this Agreement. (b) Cooperation; Tender. The Parties shall cooperate in defending against any Challenge until the Challenge is settled or EM011001.100 17 01/01/08 11/04/96 • �.a3 taken to final judgment. County may tender the complete defense of the Challenge to Landowner, and Landowner shall thereupon de- fend, indemnify and hold harmless County from all damages, costs, and liabilities arising from the Challenge and shall control the defense. Landowner shall save and hold harmless County, from and against any and all claims and awards for Third Party attorneys ' fees associated with such Challenge. If, at any time, County (in its sole discretion) determines it is not satisfied with the Landowner' s ability or capacity to defend County, or with the Landowner' s actual defense of County to date, County may assume the- direct provision of its own defense. As Section 8 . 4 also provides, this Section 5. 4 (b) constitutes a separate agreement entered into concurrently with this Agreement, and if any one or more provisions of this Agreement, or the Agreement as a whole, is invalidated, rendered null, or set aside by a court of compe- tent jurisdiction, the Parties shall be bound by the terms of this Section 5. 4 (b) , which shall survive such invalidation, nul- lification, or setting aside. 5 .5 . Defense and Indemnity. (a) Landowner's Actions . Landowner shall defend, hold harmless, and indemnify County and its elected and appointed of- ficers, agents, employees, and representatives from claims, costs, and liabilities for any personal injury, death, physical property damage or inverse condemnation that arise directly or indirectly as a result of the construction on the Property, or of operations performed under this Agreement, by Landowner or by Landowner' s contractors, subcontractors, agents or employees, whether such operations were performed by Landowner or any of Landowner' s contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for Landowner or any of Landowner' s contractors or subcontrac- tors . (b) County's Actions. Nothing in this Article 5 shall be construed to mean that Landowner shall defend, indemnify, or hold County or its elected or appointed representatives, officers, agents or employees harmless from any claims of personal injury, death, or property damage arising from, or alleged to arise from, the maintenance or repair by County of improvements that have been offered for dedication and accepted by County for mainte- nance. (c) Subdivision Agreement and Defense. County and Land- owner may from time to time enter into subdivision improvement agreements, as authorized by the Subdivision Map Act, which agreements may include defense and indemnity provisions different from those contained in Sections 5. 5 (a) and (b) above. In the event of any conflict between such provisions and Sections 5.5 (a) EM011001.100 18 01/01/08 11/04/96 and (b) above, the provisions of such subdivision improvement agreement shall prevail . Article 6. Transfer; Notice of Compliance. 6. 1 Covenants. The provisions of this Agreement shall constitute covenants or servitudes that shall run with the land comprising the Property, and the burdens and benefits of such provisions shall bind and inure to the benefit of all successors in interest, as more particularly provided in this Article 6. 6.2 . Transfer; Notice; Release. (a) Transfers . Landowner may assign or otherwise transfer all or any portion of its interests, rights or obligations under this Agreement, the Approval or Subsequent Approvals to a person acquiring an interest or estate in all or any portion of the Property, including purchasers and lessees under ground and other leases of lots, parcels or facilities . If Landowner makes such a transfer, the person to whom the transfer is made ("Transferee") shall automatically share the vested rights to improve the por- tion of the Property transferred and the other rights and the du- ties of Landowner under this Agreement, the Approval and the Sub- sequent Approvals then-existing or as may thereafter exist relat- ing to the portion of the Property transferred, except as Land- owner and the Transferee may otherwise agree. However, such a transfer shall not release Landowner from any duties under this Agreement, the Approval or Subsequent Approvals, unless (i) the Transferee expressly assumes such duties of Landowner with re- spect to the portion of the Property transferred, and (2) County consents to the transfer pursuant to Section 6.2 (b) following. Upon County' s consent to the Transfer, Landowner shall be re- leased from such duties assumed by the Transferee. (b) County Consent. Landowner may seek County' s consent to any such transfer, which consent shall not be unreasonably with- held or delayed. Failure by County to respond within forty-five (45) days to any written request made by Landowner for such con- sent shall be deemed to be County' s consent to the transfer in question. County may refuse to give its consent only if, in .light of the proposed Transferee' s reputation and financial re- sources, such Transferee would not in County' s reasonable opinion be able to perform the obligations proposed to be assumed by such Transferee. Such determination shall be made by the Director, and is appealable by Landowner to the Board. (c) Effect. Upon such consent Landowner shall be free from any liability accruing on or after the date of the transfer with respect to the duties assumed and consented to by County. No breach or default of this Agreement by a person succeeding to any EM011001.100 19 01/01/08 11/04/96 t portion of Landowner' s obligations under this Agreement shall be attributed to Landowner, nor may Landowner' s rights under this Agreement be canceled or diminished in any way by any breach or default by any such person. (d) Non-Assuming Transferees. Except as otherwise required by Landowner in Landowner' s discretion, the burdens, obligations and duties of Landowner under this Agreement shall terminate with respect to, and no written agreement to such effect or County consent shall be required in connection with, (i) any single residential parcel conveyed to a Transferee, (ii) any property transferred as fewer than fifty (50) lots to a single retail builder who is a Transferee, or if the offer to dedicate the Com- munity Center Site has been made, one hundred (100) such lots, or (iii) any property that has been established as a separate legal parcel for office, commercial, industrial, open space, park, school or other nonresidential uses and conveyed to a Transferee. The Transferee in such a transaction and its successors ("Non- Assuming Transferee") shall not have any obligations under this Agreement, but shall continue to benefit from the vested rights provided by this Agreement for the duration of the Term. Nothing in this Section shall exempt any property transferred to a Non- Assuming Transferee from payment of applicable fees and assess- ments or compliance with applicable conditions of approval . 6.3. Notice of Compliance. (a) Request. Within thirty (30) days following any writ- ten request which Landowner may make from time to time, County shall execute and deliver to Landowner (or to such other person as Landowner may request) a written "Notice of Compliance", in recordable form, duly executed and acknowledged by County, certi- fying: i . Whether this Agreement is unmodified and in full force and effect, or if there have been modifications to this Agreement, whether this Agreement is in full force and effect as modified and stating the date and nature of such modifications; ii. Whether there is any current uncured alleged de- fault or Default under this Agreement, specifying the dates and nature of any such alleged default or Default; and iii. Any other reasonable information requested. (b) Determination. In response to such request, County shall determine whether or not the Landowner is in substantial compliance with this Agreement. If County determines Landowner is in such compliance, it shall issue a Notice of Compliance. If EM011001.100 20 01/01/08 11/04/96 �. a3 County determines that Landowner is not in such compliance, then County may notify Landowner of the respects in which County be- lieves Landowner is not in such compliance. (c) Relation to Default. If County notifies Landowner of respects in which County believes Landowner is not in compliance, then 30 days or more after such notice County may determine to issue a Default Notice pursuant to Section 5. 1 (a) of this Agree- ment, in which event the provisions of Section 5. 1 of this Agree- ment shall apply thereafter. (d) Failure. The failure of County to deliver such a No- tice of Compliance or notice of the respects in which Landowner is not in compliance within 30 days following Landowner' s request shall constitute a conclusive presumption against County that may be relied upon by Transferees and Third Parties that this Agree- ment is in full force and effect without modification except as may be represented by the Landowner and that there are no uncured defaults in the performance of the Landowner, except as may be represented by Landowner. Landowner may, at Landowner' s sole discretion, record the Notice of Compliance. Article 7. Mortgagee Protections . . 7.1. Mortgage Protection. Notwithstanding any other provi- sion of this Agreement, neither this Agreement nor any provision, amendment or breach of this Agreement shall operate to defeat or render invalid the rights of any present or future "Mortgagee" under a "Mortgage" made for value encumbering the Property or any part of the Property or any interest in the Property, provided, however, that after the "Foreclosure" of any Mortgage, the por- tion of (or interest in) the Property which had been encumbered by the Mortgage shall remain subject to and entitled to the bene- fits of this Agreement. As used in this Agreement, (i) the term "Foreclosure" shall mean judicial foreclosure, sale under a power of sale, or deed in lieu of either of the foregoing or a private or public foreclosure sale under the California Uniform Commer- cial Code, (ii) the term "Mortgage" shall mean a mortgage, deed of trust, or other security instrument and (iii) the term "Mortgagee" shall mean a mortgagee, a beneficiary of a deed of trust or the secured party under any other security instrument. 7 .2 . Notice of Default to Mortgagee. If County receives no- tice from a Mortgagee requesting a copy of any Default Notice given to Landowner under this Agreement and specifying the ad- dress for service of such copy, then County shall give to such Mortgagee, concurrently with giving to Landowner, any Default No- tice given to Landowner under Section 5. 1 . Each Mortgagee shall have the right, but not the obligation, at Mortgagee' s option, to EM011001.100 21 01/01/08 11/04/96 cure or remedy any Default or alleged default by Landowner under this Agreement in accordance with Section 7 . 3 . 7.3. Mortgagee Opportunity to Cure. This Agreement shall not be terminated by County as to any Mortgagee (i) who has re- quested Default Notices, as set forth above, but is not given De- fault Notice by the County or (ii) to whom such Default Notice is given and as to which either of the following is true: (a) as to any alleged default involving the payment of money to County by Landowner, such Mortgagee has cured such de- fault within sixty (60) days after such Mortgagee' s receipt of the Default Notice; (b) as to any alleged default not involving the payment of money by Landowner to County: A . such Mortgagee has cured, or caused to be cured, the alleged default within ninety (90) days after receipt of De- fault Notice; or ii . such Mortgagee, within ninety (90) days after the receipt of Default Notice, commences Foreclosure proceedings to acquire title to the applicable portion of Property and thereaf- ter diligently pursues the Foreclosure to completion. Subject to the foregoing, if any Mortgagee records a notice of default as to its Mortgage, then in any Foreclosure of such Mortgage, Landowner' s rights and obligations under this Agreement may be transferred to the Mortgagee or to any purchaser of the Landowner' s interest in the Foreclosure. 7.4 . Mortgagee Amendments . County recognizes that the pro- visions of this Agreement may be a matter of concern to any Mort- gagee intending to make a loan secured by a Mortgage encumbering the Property, or a portion of the Property. If such Mortgagee should require, as a condition to such financing, any modifica- tion of this Agreement to protect its security interest in the Property or portion of the Property, County shall execute the ap- propriate amendments; provided, however, that County shall not be required (but is permitted) to make any modification to such amendment that would materially (i) adversely affect County' s rights under this Agreement, (ii) increase County' s obligations under this Agreement, or (iii) reduce Landowner' s obligations un- der this Agreement or which would (iv) constitute an amendment other than an insubstantial amendment (Section 4 .2) . 7.5. Notice of Proposed Amendment to Mortgagee. This Agree- ment may be amended without the approval or execution of the amendment by any Mortgagee. However, if County receives notice EMO11001.100 22 01/01/08 11/04/96 from a Mortgagee requesting notices of proposed amendments, County shall provide a copy of any proposed amendment to such Mortgage. The provisions of this Article 7 shall prevail over anything to the contrary elsewhere in this Agreement . Article 8 . Miscellaneous Provisions . 8. 1 . Generally. Any notice required under this Agreement between County or Landowner must be in writing, and may be given either personally or by registered or certified mail, return re- ceipt requested. If given by registered or certified mail, such notice shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the Party to whom notices are to be sent, or (ii) five days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is depos- ited in the United States mail . If personally delivered, a no- tice shall be deemed to have been given when delivered to the Party to whom it is addressed. 8.2 . Addresses for Notice. Notices shall be given to the Parties at their addresses set forth below: If to County, to: Director of Community Development Contra Costa County Administration Building 651 Pine Street Martinez, CA 94553 Telephone: (510) 335-1290 Facsimile: (510) 335-1222 With a copy to: County Counsel 651 Pine Street, Ninth Floor Martinez, CA 94553 Telephone: (510) 335-1800 Facsimile: (510) 646-1078 If to Landowner, to: With a copy to: Any Party to this Agreement may at any time, by giving no- tice to the other Party pursuant to Section 8 . 1 of this Agree- ment, designate any other address in substitution of the above EM011001.100 23 01/01/08 11/04/96 address . Thereafter, all notices relating to this Agreement shall be addressed and transmitted to such new address . 8 .3 . No Agency, Joint Venture or Partnership. It is spe- cifically understood and agreed to by and between the Parties to this Agreement that: (a) Development of the Property is a private enterprise; (b) Landowner shall have full power and control of develop- ment of the Property (other than any public lands included in the Property) , subject only to the limitations and obligations of Landowner under this Agreement, the Approval, and the Subsequent Approvals; and (c) County and Landowner hereby renounce the existence of any form of agency relationship, joint venture or partnership be- tween them and agree that nothing contained in this Agreement or in any document executed in connection with this Agreement shall be construed as creating any such relationship. 8 .4 . Severability. If any portion, part, article, section, subsection, subdivision, sentence, phrase, word, term, provision, covenant, or condition of this Agreement (each a "Portion") or the application of any Portion of this Agreement to a particular situation is held by a court or other authority of competent ju- risdiction to be invalid, void or unenforceable, such Portion shall be considered severed from this Agreement and the remainder of this Agreement, or the application of this Agreement to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the Parties . Notwith- standing the foregoing, if the Portion or its application held to be invalid, void or unenforceable is material to Landowner, Land- owner may (in Landowner' s sole and absolute discretion) terminate this Agreement by providing written notice of such termination to County. The foregoing two sentences include (but are not limited to) provisions of this Agreement modified or suspended by any city as successor-in-interest to County (Section 8 . 8) pursuant to Government Code Section 65865. 3 (b) because of a condition danger- ous to residents' health or safety. 8.5. Other Necessary Acts. Each Party shall execute and de- liver to the other all such other further instruments and docu- ments as may be reasonably necessary to carry out this Agreement in order to provide and secure to the other Party the full and complete enjoyment of its rights and privileges under this Agree- ment. 8. 6. Construction. This Agreement has been reviewed and revised by legal counsel for both County and Landowner, and no EM011001.100 24 01/01/08 - 11/04/96 presumption .or rule that ambiguities be construed against the drafting Party shall apply to the interpretation or enforcement of this Agreement. 8 . 7 . Other Miscellaneous Terms. The singular includes the plural; the masculine gender includes the neuter and feminine; "shall" is mandatory; "may" is permissive. 8.8 . Incorporation or Annexation. In the event that the Property is included in a newly-incorporated city, or annexed to an existing city, then this Agreement shall inure to the benefit of, and be binding on, the city as a successor-in-interest to County, consistent with the provisions of Government Code Section 65865. 3. Upon such incorporation or annexation Landowner may, with the concurrence of County and the city, continue to submit all building and other plans required for construction on the Property to County' s Building Inspection Department for its re- view and approval . Said Department shall continue to have sole jurisdiction over the issuance of applicable building, grading, and other construction-related permits, provided that the city has acquiesced and designated County as its agent for those pur- poses . 8. 9. Section, Etc. , References. A reference to an Article, Section, or Recital is a reference to the corresponding Article, Section, or Recital of this Agreement. 8. 10. Counterparts. This Agreement is executed in two du- plicate counterparts, each of which is deemed to be an original . 8 . 11 . Entire Agreement. This Agreement consists of pages (excluding notarial acknowledgment pages and ex- hibits) , and pages comprising two exhibits, which constitute in full, the final and exclusive understanding and agreement of the Parties. This Agreement supersedes all negotiations and pre- vious agreements between the Parties with respect to all or any part of the subject matter of this Agreement. Any waiver of any provision of this Agreement shall be in writing and signed by the appropriate authorities of County and Landowner. 8. 12 . Exhibits . The following exhibits are attached to this Agreement and are hereby incorporated in this Agreement (as if set forth in full) for all purposes: Exhibit A - General Plan land use designation for Cypress Corridor A-1 Text A-2 Map EM011001.100 25 O1/01/08 11/04/96 Exhibit B - Legal Descriptions, Etc. B-1 Legal Description of Emerson Dairy Property B-2 Legal Description of Gilbert Property B-3 Legal Description of Burroughs Property 8 . 13. Recordation. Pursuant to California Government Code Section 65868 . 5, no later than ten days after the County enters into this Agreement, the County Clerk shall record, at Land- owner' s expense, an executed copy of this Agreement in the Offi- cial Records of the County of Contra Costa. 8 . 14 . Incorporation. The Preamble and the Recitals, includ- ing without limitation all defined terms set forth in both, are hereby incorporated into this Agreement as if set forth in this Agreement in full . Article .9. Definitions. Unless the context requires a different meaning, any term or phrase used in this Agreement which has its first letter capital- ized shall have the meaning given to it in this Article. A defi- nition applies to both the singular and plural forms of the term, so long as the first letter is capitalized. A definition applies throughout this Agreement, regardless of whether the definition is given with the first use of the defined term, thereafter or in this Article 9. "Agreement" means this Development Agreement, including all of its Exhibits, as this Development Agreement may be amended pursuant to Article 4 . "Annual Review" means the annual review that the County shall make regarding the good faith compliance by Landowner with the terms of this Agreement (Section 5.2) . "Applicable Law" means (i) the Approval and (when they are adopted or issued pursuant to this Agreement) the Subsequent Ap- provals, and (ii) , with respect to matters not addressed by the Approval and such Subsequent Approvals, the County Laws in force and effect on the Effective Date. "Application" means an application for a Subsequent Ap- proval, pursuant to the County' s forms, requirements and proce- dures which are in place and in accordance with this Agreement when the application is submitted to the County, including all applicable Processing Fees. "Approval" means the Designation and the remaining portions of the General Plan pertinent to Cypress Corridor. EMO11001.100 26 01/01/08 11/04/96 "Area" means the far east County, which is the unincorpora- ted portions of County within the Urban Limit Line located in. the "Other East County", as defined in Section 2 .2 at page 2-5 of the General Plan. Thus, the Area includes the Byron, Discovery Bay, Knightsen, Bethel Island and Oakley communities . "Board" means the Board of Supervisors of the County of Con- tra Costa or its designee. "Burroughs Property" has the meaning given in Exhibit B. "CEQA," means the California Environmental Quality Act (Public Resources Code Secs . 21000 et seq. ) , the CEQA Guidelines, and County' s local guidelines promulgated thereunder (collectively "CEQA") . "CEQA Guidelines" means the regulations set forth in 14 California Code of Regulations Section 15000 et seq. "Challenge" means any administrative, legal or equitable ac- tion or other proceeding instituted by a Third Party challenging .the validity of any provision of this Agreement, the Approval, the Subsequent Approvals, or any other aspect of the Property. "Changes in the Law" means any New County Law that is spe- cifically mandated and required by changes in state or federal laws or regulations . "Community Center" is the community center complex for the community of Oakley called for by the Designation. "Community Center Site" or "Site" has the meaning given in Section 2. 1 . "Comprehensive Planning Requirement" means the comprehen- sive planning process to be completed prior to actual development of any of the Three Properties called for by the Designation. "Comprehensive Plan" is the preliminary development plan or other method of satisfying the Comprehensive Planning Requirement adopted pursuant to Section 2 .2 (a) (i) . "County" means the County of Contra Costa, including its Board of Supervisors, Planning Commission, agencies, departments, employees and authorized agents, consultants and volunteers . "County Laws" means all County rules, regulations and offi- cial policies, including without limitation all County laws, or- dinances, Codes, rules, regulations, general, specific and other EMO11001.100 27 01/01/08 11/04/96 plans, policies, resolutions, orders, directives, mitigation measures, other measures, conditions, standards, specifications, dedications, fees, taxes, assessments, liens, other exactions, other impositions and any other action, whether enacted or adopted: by the Board of Supervisors, Planning Commission, other board, commission or similar body of County; the County elector- ate through the initiative or referendum process or other means; by any district or other entity under the direction or control of the Board of Supervisors or County; by the electorate of such district or other entity; or through exercise of County' s police or other power, right or interest. "County Law" means any one of them. "Cure Period" has the meaning given in Section 5. 1 . "Cypress Corridor" has the meaning given in Exhibit B. "Default" has the meaning given in Section 5 . 1 . "Default Notice" has the meaning given in Section 5. 1 . "Department" means the Community Development Department of County or any successor department of County. "Designation" means the land use designation of Cypress Cor- ridor in the General Plan, a copy of which is attached as Exhibit A. "Development Agreement Statute" means California Government Code Sections 65864 through 65869. 5, as the same may be amended. "Director" means the Director of the Department or his or her designee. "Effective Date" is the date on which this Agreement becomes effective, as provided in Section 1 . 1 . "Emerson Dairy Property" has the meaning given in Exhibit B. "Foreclosure" has the meaning given in Section 7 . 1 . "General Plan" means the Contra Costa County General Plan 1990-2005 dated January 1991, as amended through the Effective Date, and as the same may be amended consistent with this Agree- ment after the Effective Date. "Gilbert Property" has the meaning given in Exhibit B. "Growth Element" has the meaning given in Section 3 . 1 (g) . EM011001.100 28 01/01/08 11/04/96 "Impact Fees" means all County fees for the impacts of new development, and does not include fees for processing applica- tions . "Irrevocable Offer" means the irrevocable written offer to dedicate described in Section 2 .7 (a) together with the con- straints analysis described in Section 2 . 7 (d) . "Landowner" is "Moratorium" has the meaning set forth in Section 3 .2 (b) (2) . "Mortgage" has the meaning set forth in Section 7 . 1 . "Mortgagee" has the meaning set forth in Section 7 . 1 . "New County Law" means any County Law that becomes operative or effective after the Effective Date. "Non-Assuming Transferee" has the meaning given in Section 6.2 (d) . "Notice of Compliance" has the meaning given in Section 6.3 . "Other Agreements" are the two other development agreements for the two Other Properties comprising Cypress Corridor described in Recital D. "Other Properties" has the meaning given in Exhibit B. "Owner" and "Owners" have the meaning given in Exhibit B. "Parties" refers to Landowner and County, and a "Party" is either one of them. "Planning Commission" shall mean the County Planning Commis- sion or a regional planning commission having jurisdiction over the Property. "Portion" has the meaning given in Section 8. 4 . "Preamble" means the first paragraph of this Agreement, which immediately precedes the recitals. "Processing Fees" shall mean fees charged by the County solely to recover the reasonable costs to the County for staff time and resources spent reviewing and processing applications for Subsequent Approvals. O BM011001.100 29 01/01/08 11/09/96 • "Property" has the meaning given in Exhibit B. "Properties" means the Property and the Other Properties . "Subdivision Map Act" has the meaning set forth in Govern- ment Code Section 66410. "Subsequent Approvals" means the land use approvals, ac- tions, agreements, permits or entitlements necessary or desirable to the development of the Property, including (without limita- tion) zoning changes, preliminary and final development plans, vesting tentative and final subdivision maps, site plan approval, use and grading permits, lot line adjustments, sewer and water connections, design review and building permits . "Term" has the meaning given in Section 1 . 4 . "Third Party" means a person other than the Parties, the Owners, or their successors in interest, including another gov- ernmental entity or official . "Three Properties" has the meaning given in Exhibit B. "Transferee" has the meaning given in Section 6.2 (a) . "Zoning Administrator" means the Zoning Administrator of the County. IN WITNESS WHEREOF, this Agreement has been approved by County and has taken effect as of the Effective Date and has been executed by the Parties to this Agreement as of the day and year shown on the notarial acknowledgments to this Agreement. COUNTY OF CONTRA COSTA By: LANDOWNER: [Name] By: APPROVED AS TO FORM: VICTOR J. WESTMAN [Landowner' s attorney, County Counsel as applicable] ' EM011001.100 30 01/01/08 11/04/96 a3 County of Contra Costa By: By Silvano B. Marchesi Assistant County Counsel Acknowledgments [To be supplied. ] EM011001.100 31 01/01/08 11/04/96 EXHIBIT A (to Development Agreement Property - Cypress Corridor) See attached Exhibits A-1 and A-2 . 32 EM011001.100 01/01/07 11/04/96 h. Mixed Use•Oakicy Community Center (M8). The Oakley Community Center Mixed Use District comprises three properties totalling 1.539 acres located north of Cypress Road, cast of Marsh Creek. and west of Jersey IsLind Road commonly referred to as the Cypress Corridor. The purpose of this mixed use designation is to provide for the integrated dcvelopment of these three properties through a comprehensive planning process which will be completed prior to actual development of any of the three properties. This planning process will have as its focal point a community center complex, including a large community park, for either the incorporated or unincorporated community of Oakley. Given the unique physical characteristics of the site and its intended function as a community center for Oakley, the planning flexibility provided by this mixed use designation is necessary. All land use categories may include open space areas for active and passive recreation, wetland preservation, water canals, and similar open space uses. Water-related uses will largely occur north of the Contra Costa Canal; Commercial and Office uses will largely occur south of the.Contra Costa Canal; and Single Family and Multi-Family uses will occur on both sides of the Contra Costa Canal. Tie land uses within this mixed use plan are anticipated to include: RANGE OF GROSS ACREAGES OF PROPOSED LAND USE FOR CYPRESS CORRIDOR Land Use Category Low High Single Family Residential (SL, SM, SH) 1,035 1.330 Nfulti-Family Residential (ML, MM, MH) 100 150 Commercial (CO) 15 20 Office (OF) 30 40 Commercial Recreation (CR) 20 30 Parks and Recreation (PR) 100 150 Public and Semi-Public (PS) 25 35 Upon the adoption of this General Plan, in order to retain consistency bet%een this General Plan and the Bethel Island Area Specific Plan, the Specific Plan shall be amended to exclude the Burroughs property which is covered by this mixed-use designation. i. Mixed Use - Laurel Road (M•9) This site is located on the south side of Laurel Road at the ATSF railroad tracks. The site %ill serve as a transition from the lower density single-family residential use to traditional commercial uses. P pp. 3-35 ax: 3-36 of contra Costa County General Plan (Jan. 1991) EXHIBIT A-1 • • P� M RL w Pa .� • GZr��`r`7 � • V 1 1 d os v` ,,w t .sem OV OSA , w SO co V f� s O p . 1-13 v` v+ r S•, V t t EXHIBIT B (to Development Agreement for Property Cypress Corridor) PROPERTY DESCRIPTIONS, ETC. "Cypress Corridor" consists of the following three properties (the "Three Properties") : the "Emerson Dairy Property", described in the attached Exhibit B-1; the "Gilbert Property", described in the attached Exhibit B-2; and the "Burroughs Property", described in the attached Exhibit B-3 . The "Property" for purposes of this Agreement is the Property described in Exhibit B-_ The remaining two properties (of the Three Properties comprising Cypress Corridor) are the Property and the Property, and are the "Other Properties" for purposes of this Agreement. The Emerson Dairy Property is owned by Emerson Dairy, Inc. , a California corporation; the Gilbert Property is owned by Mark E. Gilbert, and the Burroughs Property is owned by Robert 0. Burroughs, Bruce R. Burroughs (as trustee of the B & B Burroughs Revocable Trust under instrument dated June 16, 1994) , Ward N. Burroughs, Mary E. Burroughs, and Katherine R. Treat (who acquired title as Katherine G. Burroughs) , each as to a one-fifth interest. All such owners are referred to in this Agreement as the "Owners", and each individually as an "Owner" . (The five persons who own the Burroughs Property are the "Owner" of the Burroughs Property for purposes of this Agreement. ) EM011001.100 01/01/08 11/04/96 EXHIBIT B-1 LEGAL DESCRIPTION OF EMERSON DAIRY PROPERTY The following described real property in the unincorporated area of the County of Contra Costa, State of California: UNINCORPORATED AREA PARCEL ONE: PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 18 AND PORTION OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 19, TOWNSHIP 2 NORTH, RANGE 3 EAST, MOUNT DIABLO BASE AND MERIDIAN, CONTAINING 68.919 ACRES, MORE OR LESS, DESCRIBED AS FOLLOWS: BEGINNING ON THE EAST-WEST MIDSECTION LINE OF SAID' SECTION 19 AT A 1 INCH IRON PIPE DESIGNATED AS L. M. NO. 6 IN THE DECREE QUIETING TITLE ENTERED .JANUARY 27, 1930 UNDER ACTION NO. 14580 IN THE LOCAL SUPERIOR COURT ENTITLED ANNIE L. EMERSON, PLAINTIFF, VS. JOAQUIN JOSE, ET AL, DEFENDANTS, A CERTIFIED COPY OF WHICH WAS RECORDED JANUARY 27, 1930, BOOK 220, OFFICIAL RECORDS, PAGE 174; THENCE FROM SAID POINT OF BEGINNING NORTH 10 04' WEST, ALONG THE WEST LINE OF THE PARCEL OF LAND DESCRIBED IN SAID DECREE, AT 2961.44 FEET A 1 INCH IRON PIPE DESIGNATED AS L. M. NO. 7 IN SAID DECREE A TOTAL DISTANCE OF 3111.44 FEET TO THE CENTER LINE OF IRON HOUSE SLOUGH: THENCE ALONG SAID CENTER LINE AS FOLLOWS: NORTH 800 48' WEST, 300 FEET; SOUTH 890 44' WEST, 138.32 FEET; SOUTH 530 24' WEST, 152.33 FEET, SOUTH 200 04' WEST, 400 FEET; SOUTH 40 04' WEST, 170 FEET; SOUTH 360 34' WEST, 110 FEET; SOUTH 250 49' WEST, 230 FEET; SOUTH 200 04' WEST, 220 FEET; SOUTH 100 04' WEST, 200 FEET; SOUTH 10 56' EAST, 220 FEET AND SOUTH 70 46' WEST, 759.29 FEET TO THE WEST LINE OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 19; THENCE SOUTH 00 02' 15" WEST ALONG SAID WEST LINE, .852.44 FEET TO A 1 INCH IRON PIPE ON THE EAST-WEST MIDSECTION LINE OF SAID SECTION 19; THENCE NORTH 890 55' EAST, ALONG SAID MID-SECTION LINE, 1135.87 FEET TO THE POINT OF BEGINNING. EXCEPTING FROM PARCEL ONE: THAT PORTION CONVEYED TO CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, RECORDED OCTOBER 7, 1968, BOOK 5724, OFFICIAL RECORDS, PAGE 106. NOT EXCEPTING, HOWEVER, THE RIGHTS RESERVED TO THE GRANTORS IN SAID DEED. PARCEL TWO: PORTION OF SECTIONS 18, 19 AND 30 IN TOWNSHIP 2 NORTH, RANGE 3 EAST, MOUNT DIABLO BASE AND MERIDIAN, CONTAINING 581.35 ACRES, MORE OR LESS, DESCRIBED AS FOLLOWS: BEGINNING AT A CONCRETE POST MARKED L. M. NO. 1, LOCATED ON THE NORTH LINE OF THE COUNTY ROAD RUNNING EAST AND WEST THROUGH THE CENTER OF SAID SECTION 30 AND ON THE WEST LINE OF THE COUNTY ROAD RUNNING ALONG THE EAST SIDE OF SAID SECTION 30; THENCE FROM SAID POINT OF BEGINNING ALONG THE NORTH LINE OF THE FIRST MENTIONED COUNTY ROAD, WEST 2615 FEET TO A CONCRETE MONUMENT MARKED L. M. NO. 2, SITUATED ON OR NEAR THE NORTH AND SOUTH MIDSECTION LINE OF SAID SECTION 30; THENCE NORTH 00 23' EAST 2599.1 FEET TO A CONCRETE POST MARKED L. M. NO. 3, EM011001.40W 01/01/07 10/04/96 • LOCATED ON OR NEAR THE NORTH QUARTER CORNER OF SAID SECTION 30; THENCE NORTH 890 55' WEST 2522 FEET TO A CONCRETE POST MARKED L. M. NO. 4 AND LOCATED IN THE CHANNEL OF MARSH CREEK; THENCE DOWN THE CHANNEL OF MARSH CREEK NORTH 210 57' EAST 2841.3 FEET TO A POINT ON OR NEAR THE EAST AND WEST MIDSECTION LINE OF SAID SECTION 19; THENCE NORTH 890 55' EAST 121.2 FEET TO A CONCRETE POST MARKED L. M. NO. 5; THENCE NORTH 89° 55' EAST 1136.4 FEET TO A CONCRETE POST MARKED L. M. NO. 6, LOCATED ON OR NEAR THE EAST AND WEST LINE OF SAID SECTION 19 AND 197.5 FEET, MORE OR LESS, WEST OF THE NORTH AND SOUTH MIDSECTION LINE OF SAID SECTION 19; THENCE NORTH 10 3' WEST 2962.2 FEET TO A CONCRETE POST MARKED L. M. NO. 7; THENCE NORTH 10 3' WEST 150 FEET TO A POINT IN CENTER OF IRON HOUSE SLOUGH; THENCE DOWN THE CENTER LINE OF IRON HOUSE SLOUGH NORTH 870 47' EAST 612.7 FEET TO A POINT AT THE INTERSECTION OF THE CENTER LINE OF IRON HOUSE SLOUGH AND DUTCH SLOUGH; THENCE UP THE CENTER LINE OF DUTCH SLOUGH SOUTH 82° 24' EAST 378.3 FEET; THENCE CONTINUING ALONG THE CENTER LINE OF DUTCH SLOUGH SOUTH 550 0' EAST 915.5 FEET; THENCE CONTINUING ALONG THE CENTER OF DUTCH SLOUGH, SOUTH 650 46' EAST 548.3 FEET; THENCE CONTINUING ALONG THE CENTER LINE OF DUTCH SLOUGH SOUTH 290 42' EAST 201.5 FEET; THENCE CONTINUING ALONG THE CENTER LINE OF DUTCH SLOUGH, SOUTH 149.8 FEET; THENCE CONTINUING ALONG THE CENTER LINE OF DUTCH SLOUGH, SOUTH 260 34' WEST 223.6 FEET TO A POINT AT THE INTERSECTION OF THE CENTER LINE OF DUTCH SLOUGH AND A CANAL KNOWN AS BABBE CANAL OR FOX CANAL OR CENTRAL SHUEY CANAL; THENCE UP THE CENTER LINE OF SAID BABBE CANAL SOUTH 370 14' EAST 785 FEET; THENCE CONTINUING ALONG THE CENTER LINE OF BABBE CANAL SOUTH 2725 FEET; THENCE CONTINUING ALONG THE CENTER LINE OF BABBE CANAL SOUTH 140 56' EAST 77.6 FEET TO A POINT SITUATED 165 FEET, MORE OR LESS, WEST OF THE EAST LINE OF SAID SECTION 19; THENCE SOUTH 1009.4 FEET TO A CONCRETE POST MARKED L. M. NO. 8 AND SITUATED ON OR NEAR THE NORTH LINE OF SAID SECTION 30; THENCE SOUTH 890 45' EAST 140 FEET TO A CONCRETE POST MARKED L. M. NO. 9, LOCATED ON THE WEST SIDE OF THE COUNTY ROAD, RUNNING ALONG THE EAST SIDE OF SAID SECTION 30; THENCE ALONG THE WEST SIDE OF SAID COUNTY ROAD, SOUTH 00 15' WEST 2615 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM: 1- THAT PARCEL OF LAND CONVEYED BY DEED FROM S.B. EMERSON, ET AL, TO TRUSTEES OF IRON HOUSE SCHOOL DISTRICT, DATED MARCH 21, 1885 AND RECORDED NOVEMBER 26, 1887 IN VOLUME 53 OF DEEDS, AT PAGE 218. 2- THE INTEREST CONVEYED BY DEED FROM THOMAS MURPHY TO CONTRA COSTA COUNTY, DATED JUNE 2, 1902 AND RECORDED JULY 2, 1902 IN VOLUME 91 OF DEEDS, AT PAGE 602. 3- THAT PARCEL OF LAND CONTAINING 1 ACRE, MORE OR LESS, DESCRIBED IN THE DEED FROM ANNIE L. EMERSON TO CENTRAL SHUEY CREAMERY, INC. , DATED MARCH 17, 1929 AND RECORDED JANUARY 30, 1930 IN VOLUME 212 OF OFFICIAL RECORDS, AT PAGE 216, AS FOLLOWS: "BEGINNING AT A POINT ON THE CENTER LINE OF THE EMERSON CANAL, THREE HUNDRED FORTY (340) FEET MORE OR LESS NORTH, AND ON HUNDRED SIXTY-FIVE (165) FEET WEST OF THE SOUTHEAST CORNER OF SAID SOUTHEAST ONE (1) QUARTER OF SECTION NINETEEN (19) , AND RUNNING THENCE NORTH SIX HUNDRED SEVENTY (670) FEET, MORE OR LESS TO A POINT IN THE CENTER LINE OF SAID EMERSON CANAL; THENCE ALONG SAID CENTER LINE OF SAID EMERSON CANAL SOUTHWESTERLY AND SOUTHEASTERLY TO THE POINT OF BEGINNING. " 4- THAT PARCEL OF LAND CONTAINING 18.67 ACRES, MORE OR LESS, IN SECTION 19 AND 14.52 ACRES, MORE OR LESS,, IN SECTION 30 AWARDED TO UNITED STATES OF AMERICA IN THE FINAL JUDGMENT OF CONDEMNATION IN ACTION ENTITLED UNITED STATES OF AMERICA PLAINTIFF VS. ETHEL EMERSON, ET AL, DEFENDANTS, (UNITED STATES DISTRICT COURT CASE NO. 20348) , DATED MARCH 19, 1943, A CERTIFIED COPY OF WHICH WAS RECORDED MARCH 20, 1943 IN VOLUME 718 OF OFFICIAL RECORDS, AT PAGE 280. EXCEPTING THEREFROM: THAT PORTION CONVEYED TO CONTRA COSTA COUNTY, A POLITICAL SUBDIVISION, BY DEED RECORDED JULY 19, 1994, SERIES NO. 94-183988, OFFICIAL RECORDS, CONTRA COSTA COUNTY. PARCEL THREE: A PORTION OF SELLERS AVENUE, COUNTY ROAD 8473, DESCRIBED AS FOLLOWS: ALL OF THE FIFTY-FOOT WIDE RIGHT OF WAY DESCRIBED IN THE DEED FROM THOMAS MURPHY TO CONTRA COSTA COUNTY RECORDED JULY 2, 1902 IN VOLUME 91 OF DEEDS AT PAGE 602, OFFICIAL RECORDS OF CONTRA COSTA COUNTY, CALIFORNIA; EXCEPTING THEREFROM THE EASTERLY 350 FEET OF SAID ROAD. EXHIBIT B-2 LEGAL DESCRIPTION OF GILBERT PROPERTY The following described real property in the unincorporated area of the County of Contra Costa, State of California: PARCEL ONE: Parcel A, as shown on Parcel Map filed December 12, 1985, Book 120, Parcel Maps, Page 161, Contra Costa County Records. SAVINGS AND EXCEPTING THEREFROM THE FOLLOWING: 1. "An undivided one-half (1/2) interest in and to all oil , gas and other hydrocarbons and minerals now or at any time hereafter situate therein and thereunder" as reserved in the Deed from R.E. Griffin, et ux, recorded July 30, 1943, Book 728, Official Records, Page 474. 2. "An undivided 1/2 interest in and to all oil , gas, casinghead gasoline and other hydrocarbon and mineral substances below a point 500 feet below the surface of said land, together with the right to take, remove, mine, pass through and dispose of all said oil , gas, casinghead gasoline and other hydrocarbon and mineral substances, but without any right whatsoever to enter upon the surface of said land", as reserved in the Deed from Windswept Ranch Company, a limited partnership, recorded December 31, 1986, Book 13358, Page 33, Official Records. 3. Any portion of the described premises within the natural bed of any tidal slough below the line of ordinary high tide as it existed prior to any man made changes. PARCEL TWO: An easement (not to be exclusive) for but not limited to, access, recreation, parking, utilities, drainage, ingress and egress, as an appur- tenance to Parcel One above over that portion of Parcel B, as shown on Parcel Map filed December 12, 1985, Book 120, Parcel Maps, Page 16, Contra Costa County Records, designated as "Private Access b Utility Easement" on said Map (120 PM 16). PARCEL THREE: An easement (not to be exclusive) for ingress and egress to construct, maintain and use water lines, pumps and appurtenance thereto for the transportation and distribution of irrigation water as an appurtenance to Parcel One, above over that portion of Parcel B, as shown on Parcel Map filed December 12, 1985, Book 120 of Parcel Maps, Page 16, Contra Costa County Records, designated as "Private Irrigation Easement", on said Map (120 PM 16) . EM011001.40W 01/01/07 10/04/96 PARCEL FOUR: An easement (not to be exclusive) for ingress and egress to construct, maintain and use sanitary sewer lines, septic facilities and appurtenances thereto, as an appurtenance to Parcel One above over that portion of Parcel B, as shown on Parcel Map filed December 12, 1985, Book 120, Parcel Maps, Page 16, Contra Costa County Records, designated as "Private Sanitary Sewer Easement" on said Map (120 PM 16). PARCEL FIVE: An easement (not to be exclusive) for ingress and egress to construct, maintain and use water lines, pumps and appurtenances thereto, as an appurtenance to Parcel One above over that portion of Parcel B, as shown on Parcel Map filed December 12, 1985, Book 120, Parcel Maps, Page 16, Contra Costa County Records, designated as "Private Water Line Easement" on said Map (120 PM 16) . PARCEL, SIX: Parcel B, as shown on Parcel Map filed December 12, 1985, Book 120 Parcel Maps, Page 16, Contra Costa County Records. SAVING AND EXCEPTING FROM PARCEL SIX: (1) "An undivided one-half (1/2) interest in and to all oil , gas and other hydrocarbons and minerals now or at any time hereafter situate therein and thereunder" as reserved in the Deed from R.E. Griffin, et ux, recorded July 30, 1943, Book 728, Official Records, Page 474. (2) Any portion of the premises lying North of the center line of Dutch Slough. (3) Any portion of the described premises within the natural bed of any tidal slough below the line of ordinary high tide as it existed prior to any man made changes. (4) "An undivided 1/2 interest in and to all oil , gas, casinghead gasoline and other hydrocarbon and mineral substances below a point 500 feet below the surface of said land, together with the right to take, remove, mine, pass through and dispose of all said oil , gas, casinghead gasoline and other hydrocarbon and mineral substances, but without any right whatsoever to enter upon the surface of said land", as reserved in the Deed from Windswept Ranch Company, a limited partnership, recorded December 31, 1986, Book 13358, Page 33, Official Records. PARCEL SEVEN: An easement (not to be exclusive) for ingress and egress to install and maintain electrical power lines as an appurtenance to Parcel One above over that portion of Parcel A, as shown on Parcel Map filed December 12, 1985, Book, 120 Parcel Maps, Page 16, Contra Costa County Records, designated as "Private Electrical ESMT" on- said Map (120 PM 16). A.P. No.: 032-081-010 and 011 EXHIBIT B-3 LEGAL DESCRIPTION OF BURROUGHS PROPERTY The following described real property in the unincorporated area of the County of Contra Costa, State of California: A. ASSESSOR' S PARCEL NO. 032-081-012 : PARCEL ONE THE NORTHERLY MOST STRIP OF LAND EXCEPTED FROM PARCEL ONE ( PARCEL ONE BEING DESCRIBED AS THE EAST ONE HALF ( E 1/2 ) OF SECTION 20, TOWNSHIP 2 NORTH , RANGE 3 EAST , MOUNT DIABLO BASE AND MERIDIAN , PER BOOK 11474 OF OFFICIAL RECORDS AT PAGE 305 ) , FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 20 ; THENCE FROM SAID POINT OF BEGINNING, SOUTH 450 FEET ALONG THE EAST SECTION LINE OF SAID SECTION 20 ; THENCE WEST 2640 FEET PARALLEL WITH THE NORTH SECTION LINE OF SAID SECTION 20 TO THE WESTERLY LINE OF SAID EAST ONE HALF ( E 1 /2 ) OF SECTION 20; THENCE NORTH 450 FEET TO THE NORTH ONE QUARTER (N 1 /4 ) CORNER OF SAID SECTION 20 ; THENCE EAST 2640 FEET ALONG THE NORTH SECTION LINE OF SAID SECTION 20 TO THE POINT OF BEGINNING. EXCEPTING THEREFROM : 1 . THE INTEREST CONVEYED TO CONTRA COSTA COUNTY BY DEED, RECORDED JULY 30 , 1875 IN VOLUME 29 OF DEEDS , AT PAGE 134 IN THE OFFICE OF THE CONTRA COSTA COUNTY RECORDER BEING A 25 FEET STRIP OF LAND FOR ROADWAY PURPOSE . PARCEL ONE CONTAINS 27 .0 ACRES MORE OR LESS. PARCEL TWO A PORTION OF THE NORTHWEST ONE QUARTER (NW1/4 ) OF SECTION 20 , TOWNSHIP 2 NORTH , RANGE 3 EAST , MOUNT DIABLO BASE AND MERIDIAN DESCRIBED AS PARCEL TWO IN BOOK 11474 OF OFFICIAL RECORDS AT PAGE 305 FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH ONE QUARTER (N1 /4 ) CORNER OF SECTION 20 , TOWNSHIP 2 NORTH , RANGE 3 EAST , MOUNT DIABLO BASE AND MERIDIAN; THENCE FROM SAID POINT OF BEGINNING, SOUTH 450 FEET ALONG THE ONE QUARTER ( 1/4) SECTION LINE OF SAID SECTION 20 ; THENCE WEST 132 FEET ; THENCE NORTH 450 FEET , PARALLEL WITH THE ONE QUARTER ( 1/4) SECTION LINE OF SAID SECTION 20 TO A POINT ON THE NORTH SECTION LINE OF SAID SECTION 20 ; THENCE EAST 132 FEET ALONG THE NORTH SECTION LINE OF SAID SECTION 20 TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 1 .4 ACRES MORE OR LESS. EXHIBIT B-3 , PAGE 1 OF 7 J PARCEL THREE THE NORTHERLY MOST PORTION OF LAND EXCEPTED FROM PARCEL THREE (PARCEL THREE DESCRIBED AS A PORTION OF THE NORTHWEST ONE QUARTER (NW 1-/4 ) OF SECTION 20 , TOWNSHIP 2 NORTH, RANGE 3 EAST , MOUNT DIABLO BASE. AND MERIDIAN DESCRIBED IN BOOK 11474 OF OFFICIAL RECORDS AT PAGE 305 ) FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH ONE QUARTER (N 1/4) CORNER OF SECTION 20 , TOWNSHIP 2 NORTH , RANGE 3 EAST, MOUNT DIABLO BASE AND MERIDIAN; THENCE FROM SAID POINT OF BEGINNING, SOUTH 450 FEET ALONG THE ONE QUARTER ( 1 /4) SECTION LINE OF SAID SECTION 20 TO THE NORTHEASTERLY MOST CORNER OF PARCEL TWO (AS DESCRIBED IN BOOK 11474 OF OFFICIAL RECORDS AT PAGE 313) ; THENCE WEST APPROXIMATELY 1331 FEET TO THE SOUTHWESTERLY MOST BOUNDARY LINE OF SAID PARCEL THREE TO THE NORTH BANK OF DUTCH SLOUGH ; THENCE NORTHWESTERLY ALONG THE NORTH BANK OF DUTCH SLOUGH APPROXIMATELY 603 FEET TO THE TIDE-GATE AT THE WESTERLY MOST BOUNDARY LINE OF SAID PARCEL THREE; THENCE NORTH APPROXIMATELY 49 .50 FEET TO A POINT ON THE NORTH SECTION LINE OF SAID SECTION 20; THENCE EAST APPROXIMATELY 1782 FEET ALONG THE NORTH SECTION LINE OF SAID SECTION 20 TO THE POINT OF BEGINNING. EXCEPTING THEREFROM: THE EASTERLY 132 FEET STRIP OF LAND DESCRIBED IN THE DEED RECORDED NOVEMBER 20, . 1871 IN VOLUME 22 OF DEEDS, AT PAGE 277 IN THE OFFICE OF THE CONTRA COSTA COUNTY RECORDER. CONTAINING AN AREA OF 15 .0 ACRES MORE OR LESS. (END ASSESSOR'S PARCEL 110. 032-081-012.; ) EXHIBIT B-3 , PAGE 2 OF 7 B. ASSESSOR' S PARCEL NO. 032-081-013 : PARCEL ONE THE EAST ONE HALF ( E 1 /2 ) OF SECTION 20 , TOWNSHIP 2 NORTH , RANGE 3 EAST , MOUNT DIABLO BASE AND MERIDIAN , DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHWEST CORNER OF SAID EAST ONE HALF ( E 1 /2 ) OF SAID SECTION 20 ; THENCE FROM SAID POINT OF BEGINNING NORTH 5280 FEET TO THE NORTHWEST CORNER OF SAID EAST ONE HALF ( E 1 /2 ) OF SAID SECTION 20 ; THENCE EAST 2640 FEET TO THE NORTHEAST CORNER OF SAID SECTION 20 ; THENCE SOUTH 5280 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 20 ; THENCE WEST 2640 FEET TO THE POINT OF • BEGINNING. EXCEPTING THEREFROM : 1 . THE INTEREST CONVEYED TO CONTRA COSTA COUNTY, BY DEED RECORDED JULY 30 , 1875 IN VOLUME 29 OF DEEDS, AT PAGE 134 IN THE OFFICE OF THE CONTRA COSTA COUNTY RECORDER. 2 . THE PARCEL OF LAND DESCRIBED IN THE DEED RECORDED MAY 11 , 1944 IN BOOK 760 OF OFFICIAL RECORDS , AT PAGE- 121 IN THE OFFICE OF THE CONTRA COSTA COUNTY RECORDER . 3 . THE INTEREST CONVEYED TO CONTRA COSTA COUNTY BY DEED RECORDED AUGUST 24 IN BOOK 1429 OF OFFICIAL RECORDS , AT PAGE- 117 IN THE OFFICE OF THE CONTRA COSTA COUNTY RECORDER. 4 . THE SOUTH 500 FEET STRIP OF LAND MEASURED AT RIGHT ANGLES TO AND BEING PARALLEL WITH THE SOUTH SECTION LINE OF SAID SECTION 20 . 5 . THE NORTH 450 FEET STRIP OF LAND .MEASURED AT RIGHT ANGLES TO AND BEING PARALLEL WITH THE NORTH SECTION OF SAID SECTION 20 . PARCEL ONE CONTAINS 259 . 9 ACRES , MORE OR LESS. PARCEL TWO A PORTION OF THE WEST ONE HALF (W 1/2 ) OF SECTION 20 , TOWNSHIP 2 NORTH , RANGE 3 EAST , MOUNT DIABLO BASE AND MERIDIAN , DESCRIBED AS FOLLOWS : EXHIBIT B-3 , PAGE 3 OF 7 A STRIP OF LAND 5280 FEET NORTH AND SOUTH AND 132 FEET WIDE , BEING THE SAME LAND DESCRIBED IN THE DEED RECORDED NOVEMBER 20, 1871 IN VOLUME 22 OF DEEDS , AT PAGE 277 IN THE OFFICE OF THE CONTRA COSTA COUNTY RECORDER . EXCEPTING THEREFROM: 1 . THE SOUTH 500 FEET MEASURED AT RIGHT ANGLES TO THE SOUTH SECTION LINE OF SAID SECTION 20 . 2 . THE NORTH 450 FEET MEASURED AT RIGHT ANGLES TO THE NORTH SECTION LINE OF SAID SECTION 20 . PARCEL TWO CONTAINS 13 . 1 ACRES, MORE OR LESS . PARCEL THREE A PORTION OF THE NORTHWEST QUARTER (NW 1 /4 ) OF SECTION 20 , TOWNSHIP 2 NORTH , RANGE 3 EAST , MOUNT DIABLO BASE AND MERIDIAN, DESCRIBED IN THE DEED RECORDED JULY 16 , 1872 IN VOLUME 23 OF DEEDS AT PAGE 420 IN THE OFFICE OF THE CONTRA COSTA COUNTY RECORDER, FURTHER DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHWEST CORNER OF A STRIP OF LAND 5280'-FEET NORTH AND SOUTH AND 132 FEET WIDE OF THE ABOVE MENTIONED PARCEL TWO; THENCE FROM SAID POINT OF BEGINNING SOUTH 1056 FEET ALONG THE WESTERLY LINE OF SAID 132 FEET STRIP OF LAND TO THE NORTH BANK OF DUTCH SLOUGH ; THENCE WESTERLY ALONG THE BANK OF DUTCH SLOUGH APPROXIMATELY 650 FEET; THENCE NORTHWESTERLY CONTINUING ALONG SAID BANK OF DUTCH SLOUGH APPROXIMATELY 1350 FEET; THENCE NORTH 49 . 5 FEET TO THE LEVEE; THENCE EAST 1650 FEET ALONG SAID LEVEE , SAID LEVEE ALSO BEING THE NORTHERLY LINE OF SAID SECTION 20 , TO THE POINT OF BEGINNING. EXCEPTING THEREFROM: THE NORTH 450 FEET STRIP OF LAND MEASURED AT RIGHT ANGLES TO AND BEING PARALLEL WITH THE NORTH SECTION LINE OF SAID SECTION 20. THE EASTERLY AND WESTERLY SIDELINES OF SAID 450 FEET STRIP OF LAND TO BE LENGTHENED OR SHORTENED TO TERMINATE AT THE WESTERLY LINE OF THAT CERTAIN 132 FEET STRIP OF LAND MENTIONED ABOVE AND THE NORTHWESTERLY TOP OF BANK OF DUTCH SLOUGH . PARCEL THREE CONTAINS 11 . 3 ACRES, MORE OR LESS. END ASSESSOR'S PARCEL NO. 032-081-013 EXHIBIT B-3 , PAGE 4 OF 7 C. ASSESSOR'S PARCEL NO. 032-081-014 : PARCEL ONE A PORTION OF THE EAST ONE HALF ( E 1/2 ) OF SECTION 20 , TOWNSHIP 2 NORTH , RANGE 3 EAST , MOUNT DIABLO BASE AND MERIDIAN , DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID EAST ONE HALF ( E 1/2 ) OF SECTION 20; THENCE FROM SAID POINT OF BEGINNING NORTH 500 FEET ALONG THE WESTERLY LINE OF SAID EAST ONE HALF ( E 1 /2 ) 'OF SECTION 20 ; THENCE EAST 2615 FEET ALONG A LINE PARALLEL WITH THE SOUTH SECTION LINE OF SAID SECTION 20 TO THE WESTERLY LINE OF THAT PARCEL OF LAND CONVEYED FROM H . S. HAUXHURST TO CONTRA COSTA COUNTY, RECORDED NOVEMBER 1 1875 IN VOLUME 29 OF DEEDS , AT PAGE 134 IN THE OFFICE OF THE CONTRA COSTA COUNTY RECORDER ; THENCE SOUTH 300 FEET ALONG SAID WEST LINE; THENCE WEST 300 FEET ALONG THE NORTHERLY LINE OF SAID LAND CONVEYED FROM H . S. HAUXHURT TO CONTRA COSTA COUNTY; THENCE SOUTH 200 FEET TO SAID SOUTH SECTION LINE OF SECTION 20 ; THENCE WEST 2315 FEET ALONG SAID SOUTH SECTION LINE TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 28. 6 ACRES, MORE OR LESS. PARCEL TWO A PORTION OF THE WEST ONE HALF (W 1/2 ) OF SECTION 20 , TOWNSHIP 2 NORTH , RANGE 3 EAST , MOUNT DIABLO BASE AND MERIDIAN , DESCRIBED AS FOLLOWS: THE SOUTH . 500 FEET OF THAT STRIP OF LAND 5280 FEET LONG NORTH AND SOUTH AND 132 FEET WIDE , DESCRIBED IN THE DEED FROM FREDERICK BABBE TO WILLIAM F . SOMERS RECORDED NOVEMBER 20 , 1871 IN VOLUME 22 OF DEEDS AT PAGE 277 IN THE OFFICE OF THE CONTRA COSTA COUNTY RECORDER. CONTAINING AN AREA OF 1 . 5 ACRES , MORE OR LESS . END ASSESSOR'S PARCEL NO. 032-081-014 EXHIBIT B-3 , PAGE 5 OF 7 D. ASSESSOR' S PARCEL NO. 032-081-004 : A PORTION OF THE NORTH ONE HALF (N 1/2 ) OF SECTION 29 , TOWNSITYP 2 NORTH , RANGE 3 EAST , MOUNT DIABLO BASE AND MERIDIAN , FURTHER DESCRIBED AS FOLLOWS : • BEGINNING AT THE NORTHEAST SECTION CORNER OF SAID SECTION 29 ; THENCE FROM SAID POINT OF BEGINNING, WESTERLY ALONG THE NORTH SECTION LINE OF SAID SECTION 29 , 2765 FEET , MORE OR LESS , TO THE CENTERLINE OF LITTLE DUTCH SLOUGH ; THENCE MEANDERING IN A GENERAL SOUTHERLY AND SOUTHEASTERLY DIRECTION ALONG SAID. CENTERLINE OF SAID LITTLE DUTCH SLOUGH TO ITS INTERSECTION WITH THE WESTERLY LINE OF SAID NORTHEAST ONE QUARTER (NE 1 /4) OF SAID SECTION 29 ; THENCE SOUTHERLY ALONG SAID WESTERLY LINE TO THE NORTH BOUNDARY LINE OF THE CONTRA COSTA CANAL (PER 539 OR 218 ) ; THENCE SOUTHEASTERLY ALONG THE NORTHERLY BOUNDARY LINE OF SAID CONTRA COSTA CANAL TO ITS INTERSECTION WITH THE EASTERLY SECTION LINE OF SAID SECTION 29 , BEING ALSO THE CENTER LINE OF JERSEY ISLAND ROAD; THENCE NORTHERLY ALONG LAST SAID EASTERLY LINE OF SAID SECTION 29 APPROXIMATELY 2454 FEET TO THE POINT OF BEGINNING. END ASSESSOR' S PARCEL NO. 032-081-004 EXHIBIT B-3 , PAGE 6 OF 7 E. ASSESSOR' S PARCEL NO. 032-081-008 : A PORTION OF THE NORTHEAST ONE QUARTER (NE 1/4 ) OF SECTION 29 , TOWNSHIP 2 NORTH , RANGE 3 EAST , MOUNT DIABLO BASE AND MERIDIAN, FURTHER DESCRIBED AS FOLLOWS : BEGINNING AT THE EAST ONE QUARTER ( E 1/4) CORNER OF SAID SECTION 29 ; THENCE FROM SAID POINT OF BEGINNING, WESTERLY ALONG THE ONE QUARTER ( 1 /4 ) SECTION LINE OF SAID SECTION 29 , ALSO BEING THE CENTER LINE OF CYPRESS ROAD, 2640 FEET MORE OR LESS, TO THE CENTER OF SAID SECTION 29 ; THENCE NORTHERLY ALONG THE WESTERLY LINE OF THE SAID NORTHEAST ONE QUARTER (NE 1/4) OF SECTION 29 TO THE NORTHERLY BOUNDARY LINE OF THE CONTRA COSTA CANAL ( PER 539 OR 218 ) ; THENCE SOUTHEASTERLY ALONG THE NORTHERLY BOUNDARY LINE OF SAID CONTRA COSTA CANAL TO THE INTERSECTION WITH THE EASTERLY SECTION LINE OF SAID SECTION 29 , BEING ALSO THE CENTERLINE OF JERSEY ISLAND ROAD ; , THENCE SOUTHERLY ALONG SAID EASTERLY SECTION LINE OF SECTION 29 TO THE POINT OF BEGINNING. EXCEPTING THEREFROM : 1 ) THE PORTION OF LAND LYING WITHIN THE PARCEL OF LAND DESCRIBED IN THE JUDGEMENT RECORDED MARCH 9 , 1940, IN BOOK 539 , OF OFFICIAL RECORDS , AT PAGE 218 . 2 ) THE AREA CONVEYED TO CONTRA COSTA COUNTY PER 11408-225 . END ASSESSOR' S PARCEL NO. 032-081-008 EXHIBIT B-3 , PAGE 7 OF 7 NOTICE A LIC PROOF OF PUBLICATION HEARING OBEFOREUBTHE (2 015.5 C.C.P.) CONTRA COSTA COUNTY BOARD OF SUPERVISORS ON PLANNING MATTERS STATE OF CALIFORNIAOAKLEY AREA County of Contra Costa NOTICE is hereby given that I am a citizen of the United States and a on Tuesday, November 19, 1996 at-5:00 p.m. In Room re„sldent of the County aforesaid; 1 am over ! 107 of the County Adminis- the age of eighteen ears, and nota a td 1 tration Building comer of y P Pine and:Escobar Streets, or Interested In,the above-entitled matter. Martinez,California,the Con- tra Cosa county Board of Supervisorswill laid a rd of Principal g hearing to consider the fol- Dispatch and Brentwood News. Newspapers lowing planning matters on the.recommendation of the of general circulation, printed and published Zoning Administration. at 1650 Cavallo Road in the City of Antioch, On a request to review and County of Contra Costa 94509. approve a. 'development � _ agreement" between the County of Contra Costa and And which newspapers have been adjudged CypressComdorDevelopers, newspapers of general circulation.by the Su- as bCoun ung consistent with the General Plan,Oakley Area. (County Rle #DA perior Court of the County of Contra Costa, 0307-96_ State of California, under the date of March The location of the subject 26t 1870. Case Number 746370. land Is within the unincorpo- rated territory of the CountY of Contra Costa,State of Ca- The notice, of which the annexed is a printed Ifomia, generally Identified copy (set in type not smaller than nonparell), below (a more precise de- scription may be examined in has been published in each regular and en- the Office Devof the elopment. tire Issue of said newspapers and not in an Ing, ty Administrator Bufld- y Ing,rvtartinez,California). supplement thereof on the following dates, The subieccpropertyislocat- to-wlt: ed no o Cypress Road east y March reek west of Ll IVI Jersey Island Road and east ...... ..............�........................... of the community of Oakley, in the Oakley area. all in the year of 1996. If you challenge this matter in rat ito Cour"g only those Issuelsdou you that the foregoing is true and correct. the public hearing described In this notice, -or in written correspondence delivered to Executed at Antioch, California. the County at,or prior to,the public hearing. On this ....�.... day of ... b�'`, Date-October 30 1996 1996 PHIL BATCHELOk, Clerk of 1 the Board of Supervisors and; County Administrator De�Clerks S.Grant, .......... ..` 1 ....,...!!l............ ... al OW 7591 Signature ' "' dish:November 5,1996 Ledger Dispatch and Brentwood News P.O. Box 2299 Antioch, CA 94531-2299 (510) 757-2525 RECEVVE® NOV - 7 1996 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. r PROOF OF PUBLICATION NONCE OF A PUBLIC HEARING BEFORE THE OUNTY (2015.5 C.C.P.) CONTRA COSTA BOARD OF SUPERVISORS ON PLANNING MATTERS STATE OF CALIFORNIA OAKLEY AREA ' County of Contra Costa NOTICE Is hereby omen that at-5:0(] I am a citizen of the United States and a on ruesday.� 7996 h Rao No„ember 79n. p.m. resident of the County aforesaid;`l am over ` 7o7 of Ytne County Adminls- the age bf eighteen years, and not a party,t0 } � BiOd`"O.E bar s°O�treets°r or Interested In,the above-entitled matter. martlkloez.tra � a I am the Principal Legal Clerk of the Ledger Dispatch and Brentwood News.Newspapers ,of the of general circulation, printed and published ZorikVA&r**1ran°M1 at 1650 Cavallo Road In the City of Antioch, On a raWaat,to mWew and County of Contra Costa, 94509. rove a� +W And which newspapers have been adjudged ceob,n aorrAstent with the Contra Costa 8M Cypress Corridor Developers. newspapers of general circulation.by the Su- ( t`a'r a°;p� perior Court of the County of Contra Costa, o3pT-96)• State of Califomla, under the date of March The lomoon of the subject unlrboorpo- 26t 1870. Case Number 746370. t attar �ew Cola The notice, of which the annexed Is a printed Contra cost-,S11.ofbe ttonia, generally Identified low (a mora precise cle- copy (set In tyle not smaller than nonpareil), sOy be �Offigna 0* � a has been pub(shed In each regular and en- Community Development. tire Issue of said newspapers and not In any I_ +ro"at1' supplement thereof on the following dates, The s, ttlpropertyiswcat- to-wi t: '[ Q ed `mak,,,,e`er ....s��l........... `......... ...................... mor March Jersey a oa oaledey In the Oakley area all In the year of 1996. It you chafianpeoft matter In I cert) ) penalty r�r��r wed m ralskig crry those Issues certify (or declare under enal of perjury or someone else raised that the foregoing is true and correct. „ no*;e written correspondence delivered to Executed at Antioch, Califomla.1^ (J �� ' a<�1�«1O me y ..1L<0.Cl"` .Pf�"�` haaAnp On this ..... ...... da of ..... P°awt`eA°cT 30oI�'. of 1996 the B°ard�d�and` Coun for W. S., 9.Grant -signature Publish Noverrnber 5.1996 Sarbara Ledger Dispatch and Brentwood News P.O. Box 2299 Antioch, CA 94531-2299 (510) 757-2525 r RECEIVED NOV - 7 1996 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. f .a3 O (D I o zr m M � or O -1 - - 2 (n cn ` z D C Z O c M -00 00.11 O w oZZ M r Mp C ,,. C " -3 c TO OK- z o0 C 0 0al z H �U M o =r y N•m 6P:d t'4. ` !` J` J � o.. 0 Q Q M CD n �Z U) n y > •Q -Q'® z CL�� 3 `°o Moz= a 0 C: cn :3 n 3 c p m a r y _ :3 r-+ �n zZ N N O o CM= w O KO ^« m r-C)M o W m > G) =r v.� .d m m �-' O O m :. CI* C'.O O r- � C D M (D 0- MDZW C DSM CD Cl. �• MM- M z X �, (� (n - cr c �' m m<� cn o D N p �m cam o �.. Mo Ln � — 0 o.:m m y O c Z (� Wim' v(n vc wwG) m M Cl) 14) w ,�,, m f7 cn w v cn D ca C -n9 c � Ovzm < w - v (Q o g (» m � C (/ � D coD O m 330 Z c U) Z � pa rt < Q� �, z m m0 m v Z W M --1O � M z m 0 O K v w ° 4 M. 7 p m rn �+ K C C C % A . C K O O 0 C m Z M� x G)m DW M z z cn r m � ..D . nm c n= c p mm0 D c Z� �M M mn � O 33 9CZ M K f C: O z r o M y M o O D T ca Z v M <m c _0 0> a n m O m c M H o z i •v o � � p 0 n �(� nO T jo c o rn < i 0 nca m� a. 1 K V5K � c a D D D Cm WD v o a m k T Xo M z �N^ V 1 N . t a, x NOTICE OF A PUBLIC HEARING BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS ON PLANNING MATTERS OAKLEY AREA NOTICE is hereby given that on Tuesday. November 19,1996 at 5 p.m. in Room 107 of the County Administration Building, corner of Pine and Escobar Streets, Martinez, California, the Contra Costa County Board of Supervisors will hold a public hearing to consider the following planning matters on the recommendation of the Zoning Administration: On a request to review and approve a development agreement between the County of Contra Costa and Cypress Corridor Developers, as being consistent with the County General Plan, Oakley Area. (County File #DA 0307-96). The location of the subject land is within the unincorporated territory of the County of Contra Costa, State of California, generally identified below (a more precise description may be examined in the Office of the Director of Community. Development, County Administration Building, Martinez, California): The subject property is located north of Cypress Road, east of Marsh Creek, west of Jersey Island Road and east of the community of Oakley, in the Oakley area. If you challenge this matter in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the County at, or prior to, the public hearing. Date: October 30, 1996 PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator B AA)AAA-t/ 4"arbara S. Grilt,deputy Clerk 032 081 014 032 081 014 _ 032 081 008 Bruce roughs Bruce Burroughs `B- ce Burroughs 22312 E M me Vista Ave 22312 E Monte Vista Ave 223 Monte Vista Ave Denair, CA 5316 Denair, 95316 Denair, 95316 032 081 014 03`2 081 014 032 081 014 Bruce Burroughs Bruce Burroughs e Burroughs 22312E Monte Vista Ave 22312 Monte Vista Ave 22312 to Vista Ave Denair,�C 5316 Denair, 95316 Denair, 037 191 025 037 191 019 033 170 022 Michael & J C Lazzarini Richard & Virginia Paoli Clara Galli PO Box 1975 PO Box 1975 2521 Stansberry Way Elk Grove, CA 95759 Elk Grove, CA 95759 Sacramento, CA 95826 035 282 012 Major & Constance Inch 6381 Makana Rd Kapaa, HI 96746 Records Processed = 187 Dups screened = 0 CRs Screened = 0 Bad addressess = 0 Labels produced = 187 S P � 037 19023 033 170 011 037 191 023 Is Oakle ethel David Rizzari Is Oa ey-Bethel PO Box 1103 PO Box 1111 PO Box 1711,Q3 Oakley, CA 94 1 Oakl-ey, CA 94561 Oakley, CA 4561 037 192 009 033 180 015 032 082 012 Is--Oakley-Bethel Bernice Hoyt RECLAMATION DIST 799 ST PO Box 03 PO Box 1299 Bethel Island Rd Oakley, CA 4561 Oakley, CA 94561 Oakley, CA 94561 033 180 013 0 180 013 037 192 016 Norma Gonsalves Norm onsalves Dairy Emerson 6403 Sellers Ave #6407 6403 Sel Ave #6407 7101 Sellers Ave Oakley, CA 94561 Oakley, CA 9 1 Oakley, CA 94561 037 192 0150 192 016 037 191 012 Da' Emerson Dair Emerson iry Emerson 7101 ers Ave 7101 Se ers Ave 71 Sellers Ave Oakley, CA 61 Oakley, CA : 94561 Oakle CA 94561 032 081 011 037 191 009 033 160 032 Mark Gilbert D iry Emerson David Bloomfield Rr 2 Box 481 71 ellers Ave 6199 Sellers Ave Oakley, CA 94561 Oakley, 94561 Oakley, CA 94561 032 081 011 032 010 011 032 081 011 k Gilbert Bertram Kubo Mark Gilbert Rr 2 481 6300 Sellers Ave Rr 2 Box 481 Oakley, C 4561 Oakley, CA 94561 Oakley, CA 94561 033 160 033 032 020 006 081 011 Michael & Gina Rozenski James & Bonnie Owen Mark bert 6155 Sellers Ave Rr 2 Box 189 Rr 2 Box Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 61 032 020 008 035 282 038 — 2 020 008 Melvin & Jaclyn Friday Ted & Anita Tipton Me v--- & Jaclyn Friday 4370 Franklin Ln 4400 Main St 4370 Fran Ln Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 9 032 020 009 033 012 008 032 010 010 Norman & Tamera Daniels Ladelle Winstead Vernon & Linda Quilici 4350 Franklin Ln 251 E Cypress Rd 6310 Sellers Ave Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 0 081 011 033 012 007 032 020 012 Mark ilbert James William Waldhaus Gregory & Karen Palmer Rr 2 B 481 67 Van Pelt Ln 4185 Knightsen Ave Oakley, C 94561 Oakley, CA 94561 Oakley, CA 94561 033 180 007 033 180 007 033 180 007 Norbert & Iria Vargas Norbert & Iria Vargas ert & Iria Vargas 3620 Garrow Dr 3620 Garr Dr 3620 Gm<row Dr Antioch, CA 94509 Antioch, CA 09 Antioch, 94509 033 190 003 033 190 004 037 192 012 James Cosetti Jr. Ja s Cosetti Jr. DONALD WILLIAMSON PARTNE 3325 Fraser Rd 3325 ser Rd Rr 1 Box 1115 Antioch, CA 94509 Antioch, 94509 Antioch, CA 94509 037 192 012 037 191 016 032 091 005 DONALD ON PARTNE UNKNOWN OWNERS Robert & Dorothy Gromm Rr 1 Box 1115 Rr 1 Box 553 PO Box 447 Antioch, CA 94509 Antioch, CA 94509 Bethel Island, CA 94511 0 003 032 003 032 091 004 Robert & thy Gromm Robert & rothy Gromm Lloyd & Coloras Pereria PO Box 447 PO Box 447 PO Box 765 Bethel Island, CA 4511 Bethel Island, 94511 Bethel Island, CA 94511 032 091 004 032 0 004032 091 004 Lloyd & Coloras Pereria Lloyd & ras Pereria L d & Coloras Pereria PO Box 765 PO Box 765 PO Box Bethel Island, CA 94511 Bethel Island, C 94511 Bethel Islan CA 94511 032 004 032 004 0 91 004 Lloyd & as Pereria Lloyd & oras Pereria Lloyd oloras Pereria PO Box 765 PO Box 765 PO Box 765 Bethel Island, CA , 511 Bethel Island, 94511 Bethel Island, CA 94511 032 082 005 033 170 019 033 160 029 Margaret Lesher Linda Isham Reel Rafael & Maria Borrayo Bethel Island Rd PO Box 859 8540 Brentwood Blvd Bethel Island, CA 94511 Brentwood, CA 94513 Brentwood, CA 94513 032 082 001 2 082 002 032 040 015 Porto Donald Dal Por obert Dal James Franks 2212 Colonial Ct 2212 Colo Ct 674 Anderson Ave Byron, CA 94514 Byron, CA 94 4 Clayton, CA 94517 032 040 014 032 040 032 037 192 014 James Franks Clyde & Apryle Wooten CONCO LAND COMPANY 674 Anderson Ave 3143 Clayton Rd 5151 Port Chicago Hwy Clayton, CA 94517 Concord, CA 94519 Concord, CA 94520 033 012 002 7 192 013 035 282 030 GONSALVES & SANTUCCI INC CO O LAND COMPANY Leon & Ruth Mullins 5151 Port Chicago Hwy 5151 rt Chicago Hwy 4721 Tobi Dr Concord, CA 94520 Concord, CA 94520 Concord, CA 94521 For: Of : David Gold By: DANIELLE Morrison & Foerster 101 Ygnacio Vlly Rd. #450 Walnut Creek, CA 94596 032 040 045 027 0 025 032 030 002 Gloria Man Hwa a Peter & Lillian Toundjis NO STREET N�orMBER NO STREET E or NUMBER 70 Bohl Ave CA CA Quezon City PHILIPPINES 032 040 029 03 800 0371 801 HOUSEHOLD FINANCE CORPOR NEHAMA & AGANT CO Weagan ahama 8282 S Memorial Dr #200 1100 Mohawk #154 1100 Moha St #154 Tulsa, OK 74133 Bakersfield, C 93309 Bakersfield, 93309 037 192 801 032 082 004 037 191 008 NEHAMA & WEAGANT CO SHANGHAI COUNTY REAL EST UNITED .STATES OF AMERICA 1100 Mohawk St #154 1549 Alturas Dr 450 Golden Gate Ave Bakersfield, CA 93309 Burlingame, CA 94010 San Francisco, CA 94102 027. 020 015 027 020 016 027 020 001 Il Su aek I1 Sun aek Il Sun Baek 1255 Post #1001 1255 Post #1001 1255 Post St 41001 San Francisco, 94109 San Francisco, 94109 San Francisco, CA 94109 027 . 20 017 027 012 027 020 018 Man Hwa I1 Sun Man Hwa Lee 1255 Post St 001 1255 Post S 1001 1255 Post St #1001 San Francisco, 94109 San Francisco, 94109 San Francisco, CA 94109 027 020 019 027 020 026 7 020 027 Man wa Lee M Hwa Lee Man a Lee 1255 t St #1001 1255 t St #1001 1255 Po St #1001 San Franc o, CA 94109 San Franc co, CA 94109 San Franca o, CA 94109 0.27 020 013, 111`.027 020 014 033 012 004 I1--'Sun Baek Ii un Baek Samuel & Marie Jung 1255 st St #1001 1255 t St ##1001 49 Saturn St San Franc ' CA 94109 San:' an Franca o, CA 94109 San Francisco, CA 94114 027 020 Oil 032 091 001 033 160 038 Robert Vardanega Evelyn Walker Paulino & Andria Hojas PO Box 1151 2061 Buena Vista Ave #B PO Box 755 Alameda, CA 94501 Alameda, CA 94501 Antioch, CA 94509 033 020 011 032 040 012 033 180 007 �drea�Hoj�as Michael Killian N rbert & Iria Vargas PO Box 755 2001 Woodland Dr 3620 Gar Antioch, CA 94509 Antioch, CA 94509 Antioch, CA 9450 032 040 043 032 020 011 035 282 023 Stuart Erskine James Baca CCC FLOOD CONTROL DISTRI PO Box 55 1300 Summit Rd 6th F1r Adm Bldg Knightsen, CA 94548 Lafayette, CA 94549 Martinez, CA 94553 033 170 021 032 010 012 037 191 026 Eriverto & Ramona Castro CONTRA COSTA COUNTY Is Oakley-Bethel 796 Central Ave 255 Glacier Dr 255 Glacier Dr Martinez, CA 94553 Martinez, CA 94553 Martinez, CA 94553 037 191 021 033 170 012 032 010 002 Is Oa -Bethel Henry William Loza Evo & Helen Baldocchi 255 Glacie r 4240 Machado Ln 6390 Sellers Ave Martinez, CA 553 Oakley, CA 94561 Oakley, CA 94561 037 191 006 032 010 004 032 020 010 DIABLO WATER DISTRICT Charles Waggerman Vincent & Helen Jessie PO Box 127 PO Box 292 PO Box 395 Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 033 170 020 033 160 039 033 160 021 Edward Caston Sr. Dominick Vitale Ike & Ruby Machado PO Box 402 PO Box 355 PO Box 511 Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 033 160 021 033 160 022 032 082 006 Ike & Ruby Machado David & Linda White Orelan & Betty Adams PO Box 513 PO Box 769 PO Box 811 Oakley, CA 945 Oakley, CA 94561 Oakley, CA 94561 032 091 006 032 092 001 033 012 009 Maxie & Velma Walker Anthony Cirelli Robert Van Pelt PO Box 824 PO Box 876 PO Box 1029 Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 033 160 02330 001 027 030 002 Harding Van Brunt Jr. IR NH3___ ANITARY DISTR IRONHOUSE SANITARY DISTR PO Box 1021 PO Box 1105 PO Box 1105 Oakley, CA 94561 Oakley, CA 9456 Oakley, CA 94561 027 030 00340 001 037 191 028 IRONHO SANITARY DISTR IRONHO SANITARY DISTR Is Oakley-Bethel PO Box 11 PO Box 110 PO Box 1103 Oakley, CA 9 Oakley, CA �941 Oakley, CA 94561 027 050 00192050 002 037 192 011 IRO E SANITARY DISTR IRON ANITARY DISTR Is Oakley-Bethel PO Box 110 PO Box 1105 P—OSB 1103 Oakley, CA 94561 Oakley, CA 561 Oakley 94561 032 081 010 033 012 005 032 020 012 Mark Gilbert Gilbert & Eloisa Ruiz Gregory & Karen Palmer Rr 2 Bo 81 211 E Cypress Rd 4185 Knightsen Ave Oakley, CA Oakley, CA 94561 Oakley, CA 94561 032 081 010 033 160 034 032 040 048 Mark Gilbert Daniel & Dolores Amador Lea Jean Marglon Rr-­--2-9-5481 Rr 2 Box A182 1541 E Cypress Rd Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 033 160 5 033 160 035 033 160 036 John & Cat ue Huffman John & Cathy Sue Huffman Alfred & Darlene DeJesus Rr 2 Box 182aa Rr 2 Box 182aa 6185 Sellers Ave Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 033 160 040 033 160 041 033 160 042 Thomas & Laura Seeno Jr. Shannon & Ann Creson William & Wendelin Geltz 6079 Sellers Ave 4219 Machado Ln 4253 Machado Ln Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 032 030 009 032 082 007 032 082 007 George Kidwell Bret Lesher Margaret Lesher 4100 Knightsen Ave 2532 E ess Rd 2532 E Cypress Rd Oakley, CA 94561 Oakley, CA 61 Oakley, CA 94561 032 060 001 032 040 031 032 040 028 Arley & Mary Reeves Victor Nicole Olan Felix Fregoso 2109 E Cypress Rd 20 Broadway Ln 50 Broadway Ln Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 032 040 6 032 040 025 032 040 024 Louis & Sa Hernandez Louie & Sarah Hernandez Mabel Broussard Rr 2 Box 204a Rr 2 Box 204a Rr 2 Box 201 Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 032 060 002 032 040 018 032 040 017 Gary & Joni Woodworth George Broussard Ruben & Maria Paez 2131 E Cypress Rd 51 Broadway Ln 201 E Cypress Rd Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 032 040 016 032 020 014 033 170 023 Lupe Martinez Ronald Lopes Rick & Denise Taylor 1631 E Cypress Rd 4277 Knightsen Ave #4287 6251 Sellers Ave Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 033 170 024 033 170 025 033 180 001 Lester & Alice Lane Clara Galli Richard Swanson 6357 Sellers Ave Rr 2 Box 184 821 E Cypress Rd Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 033 180 016 033 0 001 033 190 001 John & Deborah Askins Manuel ecilia Pe- re Manuel & Cecilia Peixoto 975 E Cypress Rd 551 E Cypre Rd 551 E Cypress Rd Oakley, CA 94561 Oakley, CA 94 Oakley, CA 94561 03 0 005 033 160 005 033 160 005 Curt & lie Biro '—"C & Lezlie Biro Curt & Lezlie Biro Rr 2 Box 1 Rr 2 182 Rr 2 Box 182 Oakley, CA 9 61 Oakley, 94561 Oakley, CA 94561 033 160 007 033 160 013 033 160 028 Charlie Holder Douglas & Anita Jones John & Dorothy Lance Rr 2 Box 386 6211 Sellers Ave 6145 Sellers Ave Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 033 160 8 033 160 031 027 020 009 John & Doro Lance Ismael & Pamela Martin IRONHOUSE SANITARY DISTR 6145 Sellers A 6207 Sellers Ave 450 Walnut Meadows Dr Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561 032 040 027 032 040 039 032 040 037 Blanca Gonzalez Leo odges Leo Hodges 11 Amador Ave 20020 rman Island 20020 Sherman Island Oakley, CA 94561 East Le R East Le Rd Rio Vista, CA 4571 Rio Vista, CA 94571 032 082 008 032 082 009 027 020 010 Lars &`Ctrr' tina Delin Lars & Christina Delin Nicholas & June Geranio 36 Broadmoor 36 Broadmoor Ct 2491 San Ramon Valley San Ramon, CA 9 3 San Ramon, CA 94583 Blvd #1 San Ramon, CA 94583 037 19004 0T7— 1 030 037 191 029 EAST BA EGIONAL PARK D EAST BA GIONAL PARK D EAST BAY REGIONAL PARK D 2950 Peralta s Ct 2950 Peralta s Ct 2950 Peralta Oaks Ct Oakland, CA 946 Oakland, CA 946 Oakland, CA 94605 032 040 046 032 082 010 032 082 011 Lars & Christine Delin, Seymour Bross Pamela Scott Cohn 2075 De La Cruz Blvd 12849 Ashley Ct 17256 N Tretheway Rd #200 Saratoga, CA 95070 Lockeford, CA 95237 Santa Clara, CA 95050 032 081 012 03 081 014 03- 081 014 Br uc urroughs Bruce rroughs Bruc Burroughs 22312 E Mo Vista Ave 22312 E Mo Vista Ave. 22312 onte Vista Ave Denair, CA 95 Denair, CA 95316 Denair, C 95316 032 081 013 032 81 014 03 081 004 Bruce Burroughs Bruce rroughs Bruc Burroughs 2231.2 E Monte Vista Ave 22312 E to Vista Ave 22312 onte Vista Ave Denair, 95316 Denair, CA 9 316 Denair, 95316 NOTICE OF A PUBLIC HEARING BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS ON PLANNING MATTERS OAKLEY AREA NOTICE is hereby given that on Tuesday, November 19,1996 at 5 p.m. in Room 107 of the County Administration Building, corner of Pine and Escobar Streets, Martinez, California, the Contra Costa County Board of Supervisors will hold a public hearing to consider the following planning matters on the recommendation of the Zoning Administration: On a request to review and approve a development agreement between the County of Contra Costa and Cypress Corridor Developers, as being consistent with the County General Plan, Oakley Area. (County File #DA 0307-96). The location of the subject land is within the unincorporated territory of the County of Contra Costa, State of California, generally identified below (a more precise description may be examined in the Office of the Director of Community Development, County Administration Building, Martinez, California): The subject property is located north of Cypress Road, east of Marsh Creek, west of Jersey Island Road and east of the community of Oakley, in the Oakley area. If you challenge this matter in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the County at, or prior to, the public hearing. Date: October 30, 1996 PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator B arbara S. Gr t, eputy Clerk OFFICE OF THE CLERK OF THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY 651 PINE STREET MARTWEZ, CALIFORNIA 94553 P6ODe: (510) 335-1900 FAX (510) 335-1913 PLEASE CONFIRM RECEIPT VIA PHONE DATE: /, 9 9e TO: � FROM: TOTAL PAGES 3NCLUDING THIS COVER: f PLEASE ADVISE IF FOR ANY REASON YOU DO NOT RECEIVED TRIS ITEM COMPLETE! NOTICE OF A PUBI -jlC H ARING You are hereby notified that on MONDAY, OCTOBER 21, 1996 at 1:30 p.m. in Room 107, McBrien Administration Building, 651 Pine Street, Martinez, California, the County Zoning Administrator will consider a DEVELOPMENT AGREEMENT described as follows: CONTRA COSTA COUNTY - CYPRESS rORRIDOR DEVF1 OP RS, Development Agreement #DA960307: A request to review and approve a development agreement between the County of Contra Costa and Cypress Corridor Developers, as being consistent with the County General Plan and make recommendation to the Board of. Supervisors. The subject property is located north of Cypres Road, east of Marsh Creek, west of Jersey Island Road and east of the community of Oakley. If you challenge the project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the County at, or prior to, the public hearing. For further details, contact the Contra Costa County Community Development Department, 651 Pine Street, Martinez, California, or phone DEBBIE CHAMBERLAIN (510) 335-1213. Harvey E. Bragdon, Director Contra Costa County Community Development Department m � wle1` w� l=. "} Ix •rr i,;� v (71 U _ Wp $ � N �+ S 9 V^ cc 5 r o 6 G O N � G .p G mid NOTICE OF A PUBLIC HEARING BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS ON PLANNING MATTERS OAKLEY AREA NOTICE is hereby given that on Tuesday, December 10,1996 at 2:30 p.m. in Room 107 of the County Administration Building, corner of Pine and Escobar Streets, Martinez, California, the Contra Costa County Board of Supervisors will hold a public hearing to consider the following planning matters: Recommendation of the East County Regional Planning Commission on the request by Comm Tech Services/ Linda Budge (Applicant), and Daniel Straface (Owner), for approval to rezone a 1.76 acre site from P-11lanned Unit District) for a commercial center.with a 4,690 square foot and a 12,810 square building to a P-1 District for a 111 seat restaurant with a drive-through window. A variance is requested to rezone a site to P-1 commercial that is less than 10 acres in area. (County File #RZ 3038-96); And for approval of a final development plant to develop the 1.76acre site into a 111 seat restaurant with a patio/children's play structure, signs and a drive-up window and site landscaping. (County File #DP 3007-96). The location of the subject land is within the unincorporated territory of the County,of Contra Costa, State of California, generally identified below (a more precise description may be examined in the Office of the Director of Community Development, County Administration Building, Martinez, California): A 1.76 acre site fronting for approximately 230 feet on the south side of Highway 4 (Main Street), approximately 180 feet west of Neroly Road. The site also fronts on the easterly side of the State Route 160 off-ramp and the northerly terminus of Elm Lane, Oakley area. Prior to the hearing, the Community Development Department staff will be available on Tuesday, December 10, 1996, in Room 108, Administration Building, 651 Pine Street, Martinez, from 2:00 p.m. to 2:30 p.m. to meet with any interested parties in order to (1) answer questions; (2) review the hearing procedures used by the Board; (3) clarify the issues being considered by the Board; and (4) provide an opportunity to identify, resolve, or narrow any differences which remain in dispute. If you wish to attend this meeting with staff, please call 335-1223 by 3 p.m. on Monday, December 9, 1996, to confirm your participation. If you challenge this matter in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the County at, or prior to, the public hearing. If you have any questions regarding this project, contact Art Beresford, the Community Development Department, (510) 335-1212. Date: November 22, 1996 PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By arbara S. Ganeputy Clerk a U C, �7? 0.? W 01 1 � OJ rr� O l a'. W m a► o GM 3s �O0 _°C o � 4 wCf -1 W .. C o r r 0 CO .) N � d O. d N. � NU C Q G m �fl- c oV �i � NOTICE OF A PUBLIC HEARING BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS ON PLANNING MATTERS OAKLEY AREA NOTICE is hereby given that on Tuesday, November 19,1996 at S p.m. in Room 107 of the County Administration Building, corner of Pine and Escobar Streets, Martinez, California, the Contra Costa County Board of Supervisors will hold a public hearing to consider the following planning matters on the recommendation of the Zoning Administration: On a request to review and approve a de c1opnicnt ag.cement between the County of Contra Costa and Cypress Corridor Developers, as being consistent with the County General Pian, Oakley Area. (County File #DA 0307-96). The location of the subject land is within the unincorporated territory of the County of Contra Costa, State of California, generally identified below (a more precise description may be examined in the Office of the Director of Community Development, County Administration Building, Martinez, California): The subject property is located north of Cypress Road, east of Marsh Creek, west of Jersey Island Road and east of the community of Oakley, in the Oakley area. If you challenge this matter in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the County at, or prior to, the public hearing. Date: October 30, 1996 PHIL BATCHELOR, Clerk of the Board, of Supervisors and County Administrator B "arbara S. Gr t, eputy Clerk AD . « « � - tc J& 2 0 � \ 2� . 0& %e \ .. U3 22 » w z) _ /0 ®7299 $&& t @ 0 \ ',A � gS a \ . . \ � . \ � o e) . . 3 E -o \1.0 ■ \ s + « � 0 � g $ « � ■ \ f to, . � f t \ � k � � nas N m o• N N CA w 03 N .a O W � � HNA o N sa C r \ f 13 p TVA N � ,rn#cf of N ' C N c b jot z` w ai � m Lq p Lo OCG N f2 � o w "C m t-r m o 0 N K N PO 7S' Ui { to tD ti n C +T C W e1 N d d ly u w m c ti gID 0-1 0 � Ln J � U) U ) o N tCt 0 0 U O� .• O om v 1 y c? J 4 d E Op Q til N M= tC ✓ r 7 � o` o LO tC U � 5" 40. N ul 5S-Q 1rM C3 10 �•y 1� d V O a a *t 3CC 00 .x tl a Q lY Q � All a a7 1 - cr 0 � t3 F a N O `s C N N 6 m o, � G r ti r ,ems M C� V•"{AU Vry' Lij 40LLJ r GCt: ca o cc cc Ud Y CL I 1 l�r Lo O f U L• �'p of `` rYl rt3 `Vx r m R"3 f: 1� C O r O O O M tR to .� V y a c w o C N ¢ w a c a o ca m U c g N ,t U �.. Q ul UJ © 05 t�rO H 4, l to 1� N 0 1-9 iI1flIl1 tua !sd w E m 7 Cazs.-B ,Sl O W ,+mss as bto M o crO w N N o Q m O � tL o Ui'o � m �F (Cl) ul f 1.0 G rF 1 a, en�� V` cc u VIA y4t .�u m m <, w O .gyp t � � f O � N r� Oil N � NU C 4 G10 G •� Qo � � f • N t cli 4. uj =cro LU 0 LU m o j O ,tiki 1 z= 4 M �4 Oma{+ tii y 0 ID0 \ J L i ^• ♦ L ♦/i CO t W p O co 10 rl i a C % ; �< Cf) c � j LU LU o d U > 4 ts.! �o tV Ln N til � U C�to h to G ,,o c �► t�~� 4 rn � SSa .Z` ro 00 2: 04 t ' A ts�o Lfl � N o O f� o a U) N ` -T WS 06 N E in U w d N pj o G � a Y /6 m V o . \ 9993 (n/ � \ L �/ � ff \ Q © \ a . 0 . r g Q Ln � ! k 2! / J / ® - % /\4 IS 13 co 017 S \ � � . � $ « » $ \ $ o e 2 G - & @ « I N Cr) uj ✓ Ul ^� c Q OZ —" t O tY -ri -n rd l-1 U �a �71 4A RS �' el c,A ,-i N o -rA 5 C7 r i tla Vy o aim° 01-1 a a, m 41 J Ix „3 , cr 4+ t` Q PA .r Mr. i • LL- t G1 i IYt i tN io cso O © U cCO p d c N to m U cD I 1 i ..:X yy, -y bCIA co Qr 0 O . cp � o � � N p M tl! p cr, Qy "itl �7r N N O 4 N b N U G 0 y to � . CO Cl ` � } � � � I©\DD � . �lRQ V � - Q l ƒ � � »yoLU / > U) - . LLO LLI o u M C) / � c)z -Z / 2 Iu Ile .� Q « u / 0 i / 0 02 \ to orcy ¥--f m aOm C) ® ® � � m r . � Jco � � CM e � $ Q � $ � $ 2 � / D . ■ $ 2J < 2 ƒ 0 \ / co c r N N ao OV t„LI d pUJ G m U r V l*o H t o �� GPS, � f N d, P U 1 0 0 Ln WA � cf a N0 'N SCS o a P4 �o 0 m o w o °sy s N N � my